9911796707
TMI Blog2007 (8) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... n respect of furnace oil obtained by them during the period 1997-98 to 31-1-2002 without payment of duty on the basis of CT-2 certificate in terms of Notification No. 4/97-C.E., dated 1-3-1997. The said benefit is denied on the ground that the notification exempted furnace oil, subject to following the requisite procedure under Chapter X if the same is used as feedstock in the manufacture of ferti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assailed the impugned order on the aspect of timebar. The show cause notice was issued on 12-4-2002 for the period 1997-98 to 31-1-2002. Admittedly, requisite procedure under Chapter X was followed and CT-2 certificate were issued by the proper officer, on the strength of which the furnace oil was procured without payment of duty. As such, it is submitted that the entire facts were within th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zers. The law was, however, declared to the contrary by the Hon'ble Supreme Court in case of Gujarat Narmada Valley Fertilizers Co. Ltd. - 2001 (128) E.L.T. 3 (S.C.). As such, it is seen that the issue involved was a question of interpretation and was subject matter of litigation before the various judicial and quasi-judicial authorities and divergent views expressed. It is well settled that when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue and CT-2 certificate were duly issued on the basis which furnace oil was so obtained. As such, to attribute any suppression or mis-statement or mala fide intent to the appellant at the late stage is not justifiable. We, accordingly, held that the demand of duty except for the period which is well within the limitation is not sustainable. Accordingly, for the purposes of quantifying duty amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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