TMI Blog2007 (10) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... nue neutrality – demand time-barred - Appeal No. E/116/2003/MAS - 1252/2007, - Dated:- 11-10-2007 - S/Shri P.G. Chacko, Member (J) and P. Karthikeyan, Member (T) [Order per : P.G. Chacko, Member (J)]. - The appellants are engaged in the manufacture of unmachined iron castings. Three units of theirs are involved in this case, which are referred to as Units I, II and III. Unit I is the 'Ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t issued show-cause notice dated 1-5-2001 to the appellant-Unit (Unit I) invoking the extended period of limitation under the proviso to Section 11A(1) of the Central Excise Act to recover differential duty of Rs. 15,27,387/- for the above period as also to impose penalties on the party under Section 11AC of the Central Excise Act and Rule 173Q of the Central Excise Rules, 1944. These proposals we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the weight of raw material. In other words, the formula proposed in the show-cause notice stands accepted. According to this formula, the correct material cost would be Rs. 8.54 per kg and Rs. 14.16 per kg in respect of permanent mould foundry and sand mould foundry respectively. This accounts for the differential duty which was rightly demanded. 3. The surviving challenge is on limitation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P.T.C. Industries Ltd. v. CCE, Jaipur-I - 2003 (159) E.L.T. 1046 (Tri. Del.) We have also heard Id. SDR, who has reiterated the findings recorded in the impugned order. 4. After considering the submissions, we find that the allegation of suppression raised in the show-cause notice is not tenable inasmuch as the assessee had filed declaration effective from 1-4-1996 under Rule 173C and h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s held not invokable where goods cleared by the assessee were consumed in another factory of theirs and the duty paid thereon was available as MODVAT credit to such other factory. In the case of P.T.C. Industries (supra) also, a demand of duty w set aside in view of revenue neutrality. In the present case also, it is not in dispute that any duty paid by the appellant-unit would be available as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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