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2013 (9) TMI 695 - AT - Central ExciseRevenue neutral exercise - Assessable Value of Goods - manufacture of dispensing pump sets for petroleum products - clearance of goods from one unit to another unit of the assessee - availability of Modvat / Cenvat Credit - Third member decision - Whether the demand for the normal period of limitation without invoking extended period has to be upheld as observed by Member (Technical) or whether the demand for the entire period has to be set aside as held by learned Member (Judicial). Held that:- the issue in an identical case in the case of IMP Power Ltd. [2011 (9) TMI 391 - CESTAT, AHMEDABAD], wherein also, the difference of opinion on the same issue, arose. - the demand of duty liability within the limitation period as provided under Section 11A (1) will be applicable, as has been held by Hon'ble Member (Technical). In view of the majority order demand of duty within the period of limitation is upheld, which is required to be quantified by the Original Adjudicating Authority. The interest liability would be examined by the Original Adjudicating Authority in accordance with law . However, the demand beyond the period of limitation is set aside along with setting aside of penalties imposed upon all the appellants.
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