TMI Blog2014 (12) TMI 779X X X X Extracts X X X X X X X X Extracts X X X X ..... n any such exercise of power had the effect of disturbing rights of a citizen that it should be exercised within a reasonable period. The period of five years has been held to be reasonable period for initiating penalty proceedings. Tribunal had rightly upheld the order of Commissioner (Appeals) deleting the penalty on the ground that the proceedings for the same were initiated after 5 years from the relevant date. Accordingly, no substantial question of law arises - Following judgment in Raghuvar (India) Limited’s case [2000 (5) TMI 40 - SUPREME COURT OF INDIA] - Decided against Revenue. - CEA No. 14 of 2014 (O & M) - - - Dated:- 17-7-2014 - AJAY KUMAR MITTAL AND JASPAL SINGH, JJ. For The Appellant : Mr. Sukhdev Sharma AJAY KU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Section 132 of the Finance Act, 2001) shall be applicable in respect of obligation and liabilities incurred under Rules 96ZO and 96ZP of erstwhile Central Excise Rules 1944 before the same were omitted, notwithstanding the omission of Section 3A w.e.f. 11.05.2001? 2. The facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The assessee was engaged in the business of manufacture of Hot Rolled products of Non Alloys Steel. It was working under the Compounded Levy Scheme from September 1997 to March 2000 and opted to discharge their liability under Rule 96ZP(3) of the Central Excise Rules, 1944 (for brevity 1944 Rules ) read with Section 3A of the Act. As per 1944 Rules, where a manufacturer failed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pur v. Raghuvar (India) Limited, 2000(118) ELT 311 to contend that the penalty in the present case had been validly imposed as it was levied within reasonable time from the date when it came to the notice of the authority imposing the penalty. 4. After hearing learned counsel for the appellant, we do not find any merit in the aforesaid contention. 5. A Division Bench of this Court in Commissioner of Central Excise, Chandigarh v. M/s Hari Concast (P) Limited, CEA No.35 of 2007, decided on 20.4.2009, after relying upon judgment of the Apex Court in State of Punjab v. Bhatinda District Cooperative Milk Producers Union Limited, (2007) 11 SCC 363 held as under:- It is conceded position that proceedings against the respondent-assessee f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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