TMI Blog2024 (3) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... ut of the Audit Objections by the Audit conduct by the CERA Officials in 2008 for the transactions pertaining to the time period October 2000 December 2000. It cannot be denied that the Department had sufficient time to conduct investigations pertaining to the issues raised before the lapse of ten years for that is for the time period for which the show cause notice has been issued. It is further noted that the lower authorities have only relied on B-17 Bond executed by the Appellants to invoke larger period of limitation thereby going beyond the scope of issues raised in the Show cause Notice that the Department was unable to provide cogent reason to invoke the same. The fact that the adjudicating authority has dropped the penalty as propo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C.E. dated 04.01.1995. The said notification provides 50% exemption on goods allowed to be sold in DTA in accordance with provisions of EXIM Policy. During the Audit of the records of the Appellant it was observed that the Appellant was permitted to advance DTA sale on 20.10.2000 which shall be adjusted against subsequent DTA sale entitlement within two years. The Appellant had not fulfilled the condition of positive NFEP and that there was no physical export during the first 3 years. It was therefore alleged by the Department that clearance of goods in DTA sale during November 2000 and December 2000 resulted in short levy to the tune of Rs. 4,45,717/- and the same is required to be recovered along with due interest thereon. The Learned Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidering the submissions made by the Appellant in this regard has upheld the demand beyond the normal and extended period of limitation without satisfying the ingredients for the same. He has placed reliance on the following cases in support of his submissions: - C.P. Aquaculture (India) Pvt. Ltd. v Commissioner of Cus. 2011 (263) ELT 541 Ginni International Ltd. v Commissioner of C. Ex. 2002 (139) ELT 172 Sai Shant Die Casting Industries v Commissioner of Cus C. Ex 1999 (112)ELT328 Siyaram Metal P. Ltd v Commissioner of Central Excise 2009 (239) ELT 147 NCC Bluewater Products Ltd. v Commr of C. Ex. 2005 (183) ELT 148 03. Shri Sanjay Kumar, Learned Superintendent (AR) appearing on behalf of the Department reiterates findings of the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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