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2015 (10) TMI 1125 - CESTAT AHMEDABAD

2015 (10) TMI 1125 - CESTAT AHMEDABAD - TMI - Duty demand - Assessee contends that on the date of issue of Show Cause Notice dated 15.04.2002, the provisions of Rule 57-I of the said Rules, 1944 was not in existence in the statute and the demand of Central Excise duty can not be confirmed under the erstwhile Central Excise Rules - Held that:- Issue raised by the appellant was not raised before the lower authorities. Hence, it is appropriate that the matter should be remanded to the adjudicating .....

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therefore all are taken up together for disposal. 2. After hearing both the sides and on perusal of the records, I find that the main contention of the learned Advocate for the appellants is that the demand of duty was confirmed for the period June 1997 to January 1999, under Rule 57I of the erstwhile Central Excise Rules, 1944. It is submitted that on the date of issue of Show Cause Notice dated 15.04.2002, the provisions of Rule 57-I of the said Rules, 1944 was not in existence in the statute .....

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2005 (iv) Surendra Engg. Co. Limited vs. CCE, Belapur - Order No. A/52/2007/C.I(EB) dated 05.01.2007. (v) Dutta Metal Industries vs. CCE, Mumbai - Order No. A/77/2007/C.I/EB dated 11.01.2007 (vi) Tata Motors Limited vs. CCE, Pune - A/1973/2007/C-IV/SMB/WZB/2006 dated 30.10.2006. (vii) Dow Chemical International Pvt. Limited vs. CCE - 2008 (226) ELT 146 (viii) CCE, Mumbai vs. National Leather Cloth Mfg. Company - 2009 (246) ELT 336 (ix) Acmechem Limited vs. CCE, Surat -II A/11074 to 11077/WZB/AHD .....

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