Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2019 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 34 - AT - Central ExciseProcess amounting to manufacture or not - uncoiling the sheets, cutting them to sizes and corrugating them into form to be used as roofs - excisability - extended period of limitation - confiscation - penalties - Held that:- As the appellant is bringing into existence a new commodity as known in the market, there is no hesitation in holding that the appellant has indeed manufactured the profiles from the sheets - the process amounts to manufacture - demand of excise duty upheld. Time Limitation - Held that:- Appellant would not have gained much by evading any excise duty as the overwhelming part of the cost is of sheets on which they are entitled to CENVAT credit paid by the suppliers anyway. They are also paying service tax on corrugation element on it. So what is escaping tax is the small profit margin between the purchase price of the sheets and the sale price of the sheets. If the appellant is required to pay excise duty they will be entitled the CENVAT credit - the revenue has not made out a case to invoke extended period of limitation. The entire demand in the show cause notice is beyond the normal period of limitation and therefore, the demand and interest do not sustain - confiscations and penalties also do not sustain - appeal allowed.
|