COMMNR. OF CUSTOMS, MUMBAI vs. M/S. MMK JEWELLERS
Appeals are dismissed on the ground of limitation, therefore, we do not
C.A. No.-000813-000814 - 2004Supreme Court11 Mar 2008
For Respondent: M.M.K. Jewellers & Another
…New Delhi (2004) 13 SCC 719. In this case, this court again held that as there is no suppression, penalty cannot be imposed. 45. This court relied on these judgments in the case of Nizam Sugar Factory v Collector of Central Excise, A.P. (2006) 11 SCC 573. In this case, this court again reiterated the legal position and held that when there is no suppression of facts, the department would not be justified in invoking the extended period of limitation. 46. In view of the clear legal position crystallized by a series of judgments that in case where the assessees are not guilty of suppressio…