1 cexal136.08.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL (LODGING) NO. 136 OF 2008 The Commissioner of Central Excise Thane II, .....Appellant. Vs M/s. Visen Organic Industries Ltd., Thane .....Respondent. Mr. A.S. Rao with Mr. S.D. Bhosale for the Appellant. Mr. Prakash Shah with Mr. Jas Sanghavi i/by PDS Legal for the Respondent. CORAM :- DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ. DATE :- 26 JULY 2011. P.C. :- There is a finding of fact by the Commissioner (Appeals) that there was no suppression of fact on the part of the assessee. Having regard to the position that this finding of fact has not been disturbed by the Tribunal, the extended period of limitation would not apply. Hence the Appeal does not raise any substantial question of law and is accordingly dismissed. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (DR. D.Y. CHANDRACHUD, J.)