TMI Blog2018 (11) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... and inasmuch as the earlier decisions were in favour of the assessee, the matter was referred to Larger Bench - Hon’ble Supreme Court in the case of Kiran Ispat Udyog [2015 (8) TMI 998 - SUPREME COURT] wherein it was held that inasmuch as the issue was entangled in judicial battle and hazy picture was clarified only subsequently, the extended period cannot be held to be invocable. Inasmuch as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In addition, penalty of ₹ 1 lakh stands imposed on M. Ganesh Shetty, director of the company. 2. The said duty stands confirmed on the ground that various activities like drilling, cutting, bending, welding etc. undertaken by the assessee for manufacture of various parts of towers has resulted in the emergence of excisable products and the activity has to be held as manufacturing activit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of extended period was granted to the assessee on the ground the issue was not free from doubt and there was confusion in the field. 4. In view of the above, ld. Advocate submits that inasmuch as in the present case also the demand stands raised by way of issuance of show-cause notice 07.10.1998 for the period 1994-95 to 1995-96, the entire demand is hit by bar of limitation. He also places rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as entangled in judicial battle and hazy picture was clarified only subsequently, the extended period cannot be held to be invocable. The said decision stands followed by the Tribunal in number of subsequent decisions. One such reference can be made to Tribunal decision in Hindustan Fastener final order no. A/85572/2018 dated 28.02.2018. 6. Inasmuch as in the present case admittedly, the exte ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
