Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (9) TMI 1654 - CESTAT MUMBAIInterpretation of statute - scope of the expression 'twelve calendar months’ in N/N. 42/2001-CE(NT) dated 26th June 2001 - justification foe levy of duty - restriction on validity of 'undertaking' against which exports are effected to the period upto 31st December of the year of issue - levy of Excise duty - Held that:- The expression used in the prescribed procedure is 'twelve calendar months'; a 'calendar year' which, by definition, would be coterminous with the twelve months ending in December. Such a description would restrict the validity to part of such year if issued after the first day of January. Similarly, the expression 'twelve calendar months' would encompass exactly twelve months with any part of month computed as a month. Such expression cannot extend to 365 days which is used for reckoning term of one year. The possession of a valid undertaking would permit business activity without permanent oversight or scrutiny - In the present dispute, the exports have been subjected to scrutiny arising from suspicion and, except for a technical irregularity, there is no justification for levy of duty. Duty demand not tenable - appeal allowed - decided in favor of appellant.
|