Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2014 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (12) TMI 1089 - AT - Central ExciseSearch and seizure of factory - Failure to submit details of clearances of earlier period - Invocation of extended period of limitation - Suppression of facts - Misdeclaration - Held that:- Even though the Appellant had informed about the applicability of excise duty the activity carried out by them, on 25th July, 1997 and promised to furnish details of clearance value for the earlier period, but the same was not submitted. The relevant data could be retrieved only after search and seizure consequent to the visit of their factory on 23.10.97 by the Anti Evasion Unit of the Kolkata I Commissionerate. Thus, it reveals that there was an element of suppression with intent to evade payment of duty for the relevant period in not furnishing the data and also non-payment of appropriate duty for earlier period. In these circumstances, I do not see any justification to interfere with the observations of the ld. Commissioner (Appeals) on the issue of imposition of penalty and confirming the demand invoking extended period of limitation. The contention of the Appellant is that the demand is highly inflated as their sale price was considered as assessable value and not cum-duty price, is also found to be incorrect in as much as in the show-cause notice itself, the sale price was treated as cum-duty price and the assessable value was determined accordingly. The next argument of the ld. Advocate is that in any case, if the demand is confirmed, they would be entitled to modvat credit. The said plea also would not hold good, at this stage, as such plea has been neither raised before the lower authorities nor in their grounds of appeals. Besides, after a period of two decades, it would be difficult and impractical to ascertain from the records about the eligibility of modvat credit. Also, I find that the ld. Advocate has simply advanced the said plea without supporting the same with any evidences. In the result, this contention also merits rejection when examined from all angles. - Decided against assessee.
|