TMI Blog2018 (9) TMI 983X X X X Extracts X X X X X X X X Extracts X X X X ..... vour of the assessee - there would be a bona fide belief on the part of the appellant as regards the availability of small scale exemption Notification. In the absence of any evidence to reflect upon the assessee’s mala fide, invocation of longer period is not justified - Penalty also set aside. A part of the demand may fall within the limitation period for which the matter is remanded to the original adjudicating authority for re-quantification - appeal allowed by way of remand. - E/1222/2011-EX[DB] - FINAL ORDER NO.72198/2018 - Dated:- 14-9-2018 - MRS. ARCHANA WADHWA, MEMBER (JUDICIAL) AND SHRI ANIL G. SHAKKARWAR, MEMBER (TECHNICAL) Ms.Stuti Saggi (Advocate) Shri Bipin Garg (Advocate) for the Appellant (s) Shri Rajeev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urchaser would not make the assessee as disentitled to the benefit of small scale Notification. The said Circular was withdrawn w.e.f. September, 2008 and as such the appellant was entertaining a bona fide belief in the light of the above Circular as also in the light of the various declarations of law by the Tribunal that where the goods are being manufactured for the customers with their brand name and such customers are further using the goods in the manufacture of their final product, the small scale exemption benefit cannot be denied. She also submits that necessary intimations were filed with the Revenue as regards the manufacture of the goods with the endorsed brand name of their customers. 4. We find that the issue on merits is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d over-ruled. This leads to an inevitable conclusion that prior to the decision in the case of Kohinoor Elastics, the earlier decisions of the Tribunal including the one of larger Bench in the case of Prakash Industries were in favour of the assessee. In such a scenario, we agree with the ld.Advocate that there would be a bona fide belief on the part of the appellant as regards the availability of small scale exemption Notification. In the absence of any evidence to reflect upon the assessee s mala fide, invocation of longer period is not justified. As such we hold that the demand beyond the normal period of limitation would be barred. However, a part of the demand may fall within the limitation period for which the matter is remanded to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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