Supreme Court of India

Commissioner of Central Excise, Mumbai v. M/s. Kalvert Foods India Pvt. Ltd. and Ors.

Neutral citation
Reported as [2011] 9 S.C.R. 902
Bench Dr. Mukundakam Sharma and Anil R. Dave JJ.
Decided 9 August 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid position and since there was clandestine removal of excisable goods, the period of limitation 8 in the present case would have to be computed from the date of their knowledge, arrived at upon raids on the premises.

Judgment, page 17

From the headnote

Central Excise Act, 1944: s.11A - Demand of duty and c levy of penalty - Suppression of facts - Extended period of limitation - Invocation of - Allegation that assessee-company clandestinely removed excisable goods by showing them as non-excisable - Held: The statement of Managing Director ·' was on record where he had admitted the fact of clandestine clearance of excisable goods and, therefore, has voluntarily come forward to sort out the issue and to pay the central excise duty liability - The company was also maintaining two sets of computerized commercial invoices, one for excisable

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