TMI Blog2018 (2) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... ving been raised, beyond the normal period of limitation is barred by limitation, inasmuch as, the Revenue has not been able to establish any suppression, mis-statement etc., on the part of the assessee, with a malafide intention to evade payment of duty. Appeal allowed - decided in favor of appellant. - E/00417/2010 - 42791/2017 - Dated:- 3-11-2017 - Smt. Archana Wadhwa, Member (Judicial) And Shri Madhu Mohan Damodhar, Member (Technical) For the Appellant - Shri S. Muthvenkataraman, Adv. For the Respondent - Ms. P. Hemavathy, Commr. ORDER Per: Archana Wadhwa The appellant is engaged in processing of imported raw sugar into white sugar on job work basis for M/s. Thiru Arooran Sugars Ltd., with whom they hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the factual position. Notification No.67/95-CE, dated 16.03.1995, which exempts all the products captively consumed for further manufacture of the excisable goods, stands denied to the appellant on the sole ground that they were not the owner of the molasses in question and as they were doing job work for their principal manufacturer, the molasses emerged during the conversion of raw material into while sugar, belonged to the principal manufacturer, in which case the benefit of the exemption notification cannot be extended to them. 4. We note that the appellant, during the course of hearing before Commissioner (Appeals) relied very heavily upon the Tribunal's decision in the case of M/s. Thiru Arooran Sugars Ltd., Vs Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods used captively. In the absence of the same in the notification, it is not permissible to the Revenue to introduce the said condition in the notification and to deny the benefit on the said ground. As such, we are of the view that the order of the lower authorities is not sustainable on merits. 6. Apart from the above, we also agree with the learned advocate that the demand having been raised, beyond the normal period of limitation is barred by limitation, inasmuch as, the Revenue has not been able to establish any suppression, mis-statement etc., on the part of the assessee, with a malafide intention to evade payment of duty. 7. In view of the above, we set aside the impugned order and allow the appeal with consequential rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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