2006 (2) TMI 363 - AT - Central Excise

Summary

Issues:
1. Short levy demand beyond the period of limitation.
2. Interpretation of the judgment of the Hon'ble Supreme Court.
3. Application of Section 11A of the Central Excise Act regarding limitation.

Analysis:
1. The appeal in question pertains to a short levy demand for specific periods in 1983. The appellant argues that the demand is time-barred as the show cause notice was issued in 1997, beyond the period of limitation. On the contrary, the respondent contends that the notice is a continuation of previous proceedings based on a judgment from the Apex Court. The Tribunal examined the submissions and the record to determine the validity of the demand.

2. The Tribunal referenced a judgment of the Supreme Court related to a case involving the entitlement of exemption under a specific Notification. The Tribunal highlighted that the Revenue's contention was rejected by the Tribunal, which held in favor of the appellants. The Tribunal noted that the Revenue's argument regarding ownership of factories where woolen fabrics were produced was not substantiated during the proceedings. Consequently, the Tribunal set aside the judgment and order under appeal, allowing the appeals and ordering the refund of any tax paid by the appellants.

3. The Tribunal further analyzed the implications of the Supreme Court judgment on the present case. It clarified that the Supreme Court judgment did not entail a remand or a direction to continue the proceedings. Therefore, any subsequent proceedings must be treated as fresh and comply with the terms of Section 11A concerning limitation. As the demand was for the year 1983 and the show cause notice was issued in 1997, exceeding the five-year limitation period specified in Section 11A, the Tribunal ruled in favor of the appellant on the grounds of limitation, allowing the appeal.

In conclusion, the Tribunal upheld the appellant's argument regarding the demand being beyond the period of limitation, based on the interpretation of the Supreme Court judgment and the application of Section 11A of the Central Excise Act. The appeal was allowed, emphasizing the importance of adherence to statutory limitation periods in tax matters.