9911796707
TMI Blog1991 (4) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent. [Order per : R. Jayaraman, Member (T)]. - This is an appeal directed against the order passed by the Collector (Appeals) bearing No. M-1873/TD-884/86/R, dated 26-6-1987, allowing the appeal of the department and setting aside the order of the Asstt. Collector. The facts of the case are that the appellants were availing of proforma credit facility in respect of certain inputs under Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extended period is invokable in this case. 2. Shri Moghe, that ld. Consultant pleaded that the show cause notice does not make any allegation of suppression. The Annexure to the show cause notice also clearly indicates that they have filed the D 3 Declaration in respect of the inputs; because of urgency they have utilized some portion of the goods and the remaining available for verificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s laid down in the Rule is not disputed. This requirement has significance because it has revenue importance and to facilitate verification by way of proper officers regarding actual receipt of the goods. When this vital information has been suppressed, the extended period is invokable. 4. After hearing both sides, we find that even on merits, the appellants have a case. There is no allegat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts. In this view of the matter, the Asstt. Collector's order does not call for interference particularaly that portion of setting aside the demand beyond the period of six months. In our view, the Collector (Appeals) has erred in holding that in a case of this type, the extended period is applicable. We therefore, allow the appeal and set aside the order of the Collector (Appeals). X X X X Extracts X X X X X X X X Extracts X X X X
|
