1998 (12) TMI 178 - AT - Central Excise

Summary

The Appellate Tribunal CEGAT, New Delhi heard a case involving mis-declaration of goods by an appellant, leading to a demand for duty and penalty under Section 11AC of the Central Excises Act, 1944. The appellant argued that their classification was correct and no misdeclaration occurred. The Tribunal found in favor of the appellant, stating that the demand of duty was unsustainable due to the time limit for issuing the show cause notice and that penalty under Section 11AC was not applicable retroactively. The stay petition was unconditionally allowed.