(A.K. Sikri and Rohinton Fali Nariman, JJ.)
M/s. Tata Iron & Steel Co. Ltd. __________ Appellant
v.
Commnr. of Customs, Mumbai & Anr. _____ Respondent(s)
Civil Appeal Nos. 554-557 of 2005, decided on April 27, 2015
With
Civil Appeal No. 85 of 2007
The Order of the court was delivered by
Order
The only question in the present appeals is as to whether the customs authorities could invoke the provisions of proviso to Section 28 of the Customs Act, 1962, to avail the benefit of extended period of limitation.
In the facts of the present case, we find that the original licence holder, namely, Indian Card Clothings Company Limited had deliberately suppressed the fact of having availed modvat credit under Rule 57A of the Central Excise Rules, 1944, and made willfully wrong declaration to the licensing authority to obtain the endorsement of transferability of the same while transferring the licenses to the appellant herein. In view thereof, the extended period of limitation would be available to the authorities for the purpose of claiming the duty even against the appellant herein, who is the transferee of the licence in question.
We, thus, find no merit in these appeals which are accordingly dismissed.
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