Extended Limitation cannot be invoked in absence of Fraud by Taxpayer

KEC International Ltd. Vs Commissioner of Central Excise (CESTAT Delhi) Delhi High Court in the case of Hindustan Insecticides Ltd. (supra), which is based on the ruling of the Apex Court in the case of Commissioner Vs. T.V.S. Whirlpool Ltd. (supra), I hold that the benefit of extended period of limitation is not available to Revenue in the present matters, there being no element of fraud, mis-statement or contumacious conduct on the part of the appellant. Thus, the demand of interest is hit by limitation. Accordingly, these appeals are allowed and the impugned orders are set aside. FULL TEXT ...