Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2022 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (1) TMI 392 - CESTAT AHMEDABADSupporting manufacturer or not - Procurement of inputs under Advance licence Scheme - appellant has not disclosed the facts to the department - suppression of facts or Mis-declaration - extended period of limitation - Central Excise (Removal of goods at concessional rate of duty for manufacture of excisable goods) Rules, 2001 - HELD THAT:- The present case can be decided on limitation itself therefore, the issue on merit is not decided. In the present case demand involved is for the year 2008 whereas Show cause notice has been issued in June 2013 therefore, the entire demand is under extended period. The Show cause notice as well as the Order-In- Original alleged that the appellant has not disclosed the facts to the department that they have procured the duty free material from the M/s Sterlite Industries (I) Ltd against invalidation of advance licence. On this basis the larger period was invoked. The appellant vide letter 25.02.2010 again intimated that there is no violation of Para 4.16 of Handbook Procedure. From the above it is clear that the appellant have disclosed all the information as regard procurement of material under advance authorization from M/s Sterlite Industries (I) Ltd. Therefore, there is no suppression of facts or Mis-declaration on the part of the appellant. The demand is clearly hit by limitations. Since the entire demand is under extended period the same is not sustainable on limitation - Appeal allowed - decided in favor of appellant.
|