Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (7) TMI 350 - CESTAT NEW DELHIRecovery of erroneous refund - period of limitation for levy of penalty - proceedings were initiated for recovery/appropriation of the said amount and for imposing penalty under Section 11AC - during the transitory period of 2006-2007 when the tyres were brought under MRP based assessment they have cleared tyres on payment of duty under Section 4. The refund relatable to discounts were also claimed which was sanctioned by the Department. - Held that:- However, adopting Section 4 Valuation earlier resulted in certain refund which was paid back by the appellants with interest in April 2009. There is no allegation that the refund claim was filed and obtained fraudulently by mis-representation of facts. Apparently, the refund claim sanctioned during the material period by the Department was under the belief that transaction value under Section 4 was applicable to the appellants. Considering the above factual details and payment of the full amount with interest by the appellants, the show cause notice issued more than two years after such payment is without merit. The notice itself is very cryptic without any details of basis for issuing demand for already paid amount and for proposing equal penalty under Section 11AC. Levy of penalty set aside. - Decided in favor of assessee.
|