When demand arises due to retrospective amendment, no malafide can be attributed to the Assessee, hence extended period cannot be invoked

Last updated: 16 January 2015

Court :
Hon’ble CESTAT, New Delhi

Brief :
On appeal being filed before the Hon’ble Tribunal by the Revenue, the same was rejected. Being aggrieved, the Revenue filed an appeal before the Hon’ble High Court of Chhattisgarh where the Hon’ble High Court directed the Tribunal to consider the law declared by the Hon'ble Supreme Court in the case of Gujarat Ambuja Cements Ltd. Vs. Union of India [(2005) 1 STT 41] (“Ambuja case”). Therefore, the matter was listed again before the Hon’ble CESTAT, Delhi.

Citation :
Commissioner of Central Excise, Raipur Vs. Lloyd Tar Products [(2014) 52 taxmann.com 433 (New Delhi - CESTAT)]