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2013 (11) TMI 877 - AT - Central Excise
Extended Period of limitation – Valuation of BOPP film cleared to the sister concern - Held that:- The appellant had filed the price declaration showing clearance of the goods to their sister concern unit on the basis of cost of production - The declaration stand approved by the Revenue without raising any objection - extended period was not available to the Revenue.
Whatever duty was being paid by the assessee, was available as credit to their sister unit and the said credit was being utilized by their sister unit for payment of duty on their final product -the entire situation was revenue neutral – Relying upon CC vs. Textile Corporation Marathwada Ltd. [2008 (9) TMI 57 - SUPREME COURT ] - in case of revenue neutrality, no malafide can be attributed to the assessee so as to justify invocation of longer period of limitation - demand is barred by limitation and is also not sustainable on the point of revenue-neutrality – Decided against Revenue.