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2018 (7) TMI 1782 - AT - Central ExciseRectification of Mistake - SSI Exemption - aggregate value of clearances - N/N. 8/2003-CE dated 01.03.2003 - benefit denied on the ground that the aggregate value of clearances of all excisable goods including nil rate of duty items had exceeded ₹ 300 lakhs during the preceding Financial Year i.e. 2002-03 - time limitation - Held that:- Notification 8/2003 does not charge duty on any goods retrospectively. It only lays condition that the value of clearances in the previous years, which are exempted or nil rated will also be considered for the purposes of arriving the limit of ₹ 300 lakhs - In the absence of any ambiguity in the wordings of the Notification, the appellants’ logic appears to be not only queer but bizarre. Time Limitation - Held that:- There is no record to show that the appellants had bonafide belief and that they approached the Department for clarification - extended period is rightly invoked. ROM application of the revenue allowed and penalty imposed.
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