2005 (9) TMI 470 - AT - Central Excise

Summary

Issues: Time limitation for issuance of show cause notice, submission of documents to the department, relevance of case law on limitation period.

Analysis:
1. Time Limitation for Show Cause Notice: The main issue in this case is the time limitation for issuing a show cause notice. The Commissioner of Central Excise had issued a show cause notice beyond the normal period of limitation of six months. The appellant argued that since they had regularly filed RT 12 returns along with the required documents to the department, the extended period of limitation for irregular Modvat credits could not be established. The Commissioner (Appeals) agreed with this argument and held that the show cause notice was time-barred.

2. Submission of Documents to the Department: The appellant's defense was based on the submission of necessary documents to the department along with RT 12 returns during the material period. This submission of documents was considered by the Commissioner (Appeals) as a valid reason for the show cause notice being time-barred. The argument was that as long as the required documents were being submitted to the department, the extended period of limitation could not be invoked for irregular Modvat credits.

3. Relevance of Case Law on Limitation Period: The Department relied on the decision of M/s. Nizam Sugar Factory v. CCE, Hyderabad, which held that the limitation of five years is available even when the Department had knowledge about suppression or fraud. However, the Commissioner (Appeals) referred to case laws such as C.C.E. v. H.M.M. Ltd. and Tamil Nadu Housing Board v. CCE, Madras, to support the finding that failure or inaction on the part of the manufacturer or assessee does not amount to suppression of fact or fraud. The Commissioner upheld the decision that the claim was time-barred based on these legal principles.

4. Conclusion: The Tribunal upheld the decision of the Commissioner (Appeals) that the show cause notice was time-barred due to the regular submission of documents by the appellant to the department. The case law cited by the Department was not found to be applicable in this context, and the appeal by the Revenue was dismissed. The judgment emphasizes the importance of timely issuance of show cause notices within the prescribed limitation period unless exceptional circumstances warrant an extension.