2004 (5) TMI 440 - AT - Central Excise

Summary

Issues: Point of limitation in tax assessments

The judgment by the Appellate Tribunal CESTAT, Kolkata, involved a dispute regarding the point of limitation in tax assessments. The appellant's representative argued that the assessments during the relevant period were provisional, and thus, the provisions of Section 11A would not apply. However, it was contended that the adjudicating authority did not consider the provisional nature of the assessments, which was not mentioned in the show cause notice. The appellant's representative emphasized that the case should be decided based on the facts presented in the notice or discussed by the adjudicating authority, without introducing new facts at the appeal stage. On the other hand, the respondent's representative argued that even though the Commissioner invoked a longer period of limitation without considering the provisional nature of the assessments, the fact remained that they were provisional, and hence, the limitation would not apply. The Tribunal examined the arguments and various decisions cited by both sides. It concluded that since the assessments were undisputedly provisional, the issue of limitation did not arise, and the fact that the provisional nature was not considered earlier did not diminish its significance. Therefore, the Tribunal rejected the plea of limitation and scheduled the appeal for a regular hearing on merits.

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