TMI Blog2016 (12) TMI 1112X X X X Extracts X X X X X X X X Extracts X X X X ..... he part of the appellant to say that when wagons are supplied to oil companies also, the same shall stand exempted. It has been rightly pointed out by Learned AR that there are clauses which convey that the impugned wagons were meant for Oil Companies. Appellant never reflected in their returns that such wagons are intended for Oil companies. Even after coming to know that said exemption is not ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 69,544/- against the appellant, alongwith interest and penalties of ₹ 10,000/- ₹ 1,52,23,788/- have been imposed respectively under Rule-173 Q of the Central Excise Rules 1944 Sec 11 AC of the Central Excise Act 1944. 2. Sh. Sanjib Kumar Das (Consultant) appearing on behalf of the appellant submitted that on merits appellant is not contesting the admissibility of Notification No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 years is not applicable. 3. Sh. K. Choudhari Suptd (AR) appearing on behalf of the Revenue argued that as per Note under clause -2 of the contract dt 4/8/95 and endorsement of the letter to FA CAO, Extern Railway the wagons are required by Oil companies. That this fact was never brought to the notice of the department and even after having the knowledge appellant failed to pay the duty lia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were meant for Oil Companies. Appellant never reflected in their returns that such wagons are intended for Oil companies. Even after coming to know that said exemption is not applicable appellant did not brought to the notice of the department also did not pay the duty liability. In view of the existing factual matrix applicability of extended period has been correctly upheld by the Adjudicatin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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