TMI Blog2016 (8) TMI 1069X X X X Extracts X X X X X X X X Extracts X X X X ..... wn in the contract. In these circumstances, we find that the documents on the basis of which the demand has been raised, i.e., the contract, was produced before the audit and examined by them. Having failed to raise this issue at the material time it cannot be said that the appellants had suppressed or mis-declared anything to enable the revenue to invoke extended period of limitation. Hence, it is not open to Revenue to invoke extended period of limitation. - Decided in favour of appellant - APPEAL No. E/1470 & 1471/05 - - - Dated:- 16-8-2016 - Mr. M. V. Ravindran, Member (Judicial) And Mr. Raju, Member (Technical) Shri. JC Patel, Advocate for appellant Shri. Ashutosh Nath, Asst. Comm. (AR) for respondent ORDER Per Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acturing process, and as per the terms of contract the assessee has also supplied gunnected pipe. On going through the price declaration by the assessee, it is seen that the assessee has not considered there gunniting charges while arriving at the assessable value and there may be short levied the excise duty thereon. The assessee has approximately supplied40 MS pipe duty gunnicted and the cost of ₹ 5000 per pie as gunniting charges (approx) is needs to be added in the assessable value and excise duty @ 16% needs to be recovered under the provisions of Section 11A of the Central Excise Act. Additional assessable value of 400 Ms pipe (approx) the duty given @ ₹ 5,000/- per pipe = 20,00,000/- (approx) Central Excise duty @ 16% = 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntire period is barred by limitation. He argued that they had submitted the price lists in Annexure 2C and no objection as raised by the Revenue on the same. He argued that an audit of the appellant was conducted in the month of July 1999 and the contract was examined by the audit party and after examining the contract the only objection that the audit party raised was inclusion of the value of gunniting in the assessable value of the pipes. He argued that the Revenue had examined their price lists and had also examined the contract in 1999 itself. The show-cause notice is entirely based on the contract and in these circumstances it is not open to Revenue to invoke extended period of limitation. 4. The learned AR argued that it is not ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enefit of the Notification is not available to the Assessee. In these circumstances that reliance was placed on the audit inspection and to urge that the demand was time-barred. It is unfortunate that this technical defence has resulted in repeated remands and the Revenue and its officers being engaged endlessly by the Tribunal and their superiors in considering the issue. In the given facts and circumstances, the Tribunal would have been well advised to decide the issue itself and in the first instance. 12. In the circumstances, we do not think that the Assessee can derive any benefit by mere filing of the classification lists or any endorsement thereon. Here the issue was whether the audit party was given an opportunity to inspect th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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