interest has been erroneously refunded by reason of
collusion or any wilful misstatement or suppression of facts by the
importer or the exporter ... read as five years only in some
specific circumstances, viz. collusion, willful misstatement or
suppression of facts. Since the said show-cause notice was issued
Tribunal, inter alia, adopted the following reasoning while dismissing the appeal :
While misstatement or suppression of facts, per se, attract the larger period of limitation ... obvious that, regardless of intent, a mere suppression of facts or misstatement in the information statutorily required to be supplied to the excise authorities attract
alleged that the petitioner company had suppressed facts and it had wilfully misstated the facts when it filed the prices list ... Thus it was alleged that there was wilful suppression and misstatement of facts and the company had refused to comply the summons issued
paid or erroneously refunded by reason of fraud, collusion or any wilful misstatement or suppression of facts, or contravention of any of the provisions ... been levied by reason of fraud, collusion or any wilful misstatement or suppression of facts, or contravention of any of the provisions
secondly, that they had also failed to report to the shareholders the misstatement contained in the Profit and Loss Account regarding the gross income such ... misstatement being an understatement of the income resulting from a direct deduction of the sales commission from the sales in the Trading Account, which
reason of either fraud or collusion or wilful misstatement or suppression of
facts or contravention of any of the provisions of the Act or Rules ... service tax was not paid on account of any fraud, collusion, wilful
misstatement or suppression of fact and that there was intent to evade
payment
offered for the defendant.
18. Upon this first imputation there is one misstatement of fact. According to the article, it was plaintiff who explained that ... that the defendant must fail here because he is guilty of two misstatements of fact. These misstatements are, it is said, first, that, according
SEBI regulations and guidelines. It is
pointed out that the alleged misstatement in the prospectus is not a
matter which is covered by Section ... under the SEBI Act for any complaint to be
entertained concerning the misstatement made in the prospectus, Mr.
Amit Sibal, learned counsel for the Petitioner
wilful
been short- levied or short- case may be, was on the misstatement or
paid or to whom the refund basis of any approval, suppression ... paid or erroneously
refunded by reason of
fraud, collusion or any
wilful misstatement or
suppression of facts, or
contravention of any of
the provisions
telephone to you. You are, therefrom charged that by making a wilful misstatement in your explanation with a dishonest intention of saving yourself from punitive ... limits of decency as a public servant and made many wilful misstatements not only against the municipal servants and officers including elected representatives
