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2015 (8) TMI 585 - SUPREME COURT

2015 (8) TMI 585 - SUPREME COURT - 2015 (322) E.L.T. 772 (SC) - Invocation of extended period of limitation - Valuation - Held that:- issue as to what factors should be taken into consideration for arriving at the cost of production was clarified by the Department in its Circular dated 30.10.1996 and on that basis in the case of Commissioner of Central Excise, Ahmedabad vs. Asarwa Mills [2015 (4) TMI 816 - SUPREME COURT], this Court took the view that the assessees could not be faulted with for .....

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nda,Adv., Ms. Nisha Bagchi,Adv., Ms. Alka Aggarwal,Adv., Ms. Pooja Sharma,Adv., Mr. B. Krishna Prasad,Adv. ORDER The period covered in this judgment for which show cause notice was issued is 1993-1994 to 27.09.1997. Show cause notice was issued on 03.02.1998. At the relevant time, as per the provision of Section 11A of the Central Excise Act, 1944, normal period of limitation was six months. However, extended period of limitation was utilized invoking the provision of the proviso to that Section .....

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ated 30.10.1996 and on that basis in the case of Commissioner of Central Excise, Ahmedabad vs. Asarwa Mills [2015 (319) E.L.T. 216 (S.C.)], this Court took the view that the assessees could not be faulted with for taking into consideration some of those paras prior to the issuance of the said clarificatory circular. Para 9 of the said judgment reads as under: "The clarification, as noted above, pertains to calculation of value of goods captively consumed under Rule 6(b)(ii). It is this Rule .....

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