2005 (10) TMI 442 - AT - Central Excise

Summary

Issues:
1. Interpretation of exemption notification for Handicrafts.
2. Recovery of duties based on revised instructions.
3. Abnormal delay in issuing show cause notice.
4. Bar of limitation.
5. Change of view by the Board affecting demands.

Interpretation of Exemption Notification for Handicrafts:
The case involved manufacturers of Man Made Metallic Yarn (zari) who were clearing goods under the benefit of an exemption for 'Handicrafts' as per Notification 76/86-C.E. The respondents surrendered their Central Excise Registration in June 1995 based on a clarification issued by the Board. However, a subsequent circular revised the earlier instructions, leading to confusion regarding the classification of the goods as Handicrafts.

Recovery of Duties Based on Revised Instructions:
Despite the revised instructions dated 19-12-96, which overruled the earlier circular, and the surrender of Central Excise Registration by the Respondents in June 1995, the officers initiated steps to recover duties after a visit to the factory. The recovery was attempted by invoking the larger period of limitation under Section 11A(1) of the Central Excise Act, 1944. The Commissioner (Appeals) noted the delay in issuing the show cause notice and set aside the duty and penalty orders, allowing the appeals of the Respondents.

Abnormal Delay in Issuing Show Cause Notice and Bar of Limitation:
The Revenue challenged the orders of the Commissioner (Appeals) citing abnormal delay in issuing notices, the surrender of registration in June 1995, and the absence of evidence indicating misstatement or misdeclaration by the Respondents. The Tribunal found the demands to be based on a change of view by the Board, and the invocation of the larger period of limitation was deemed unnecessary. Referring to a similar case, the Tribunal upheld the bar of limitation, rejecting the Revenue's appeals and confirming the orders of the Commissioner (Appeals).

Change of View by the Board Affecting Demands:
The Tribunal observed that the demands were based on a change of view by the Board and that demands for the period 11-7-95 to 27-8-96 could not be enforced by a notice dated 29-5-98. Citing a previous decision, the Tribunal rejected the Revenue's appeals, indicating a pattern across the industry. The reliance on a specific case decision was upheld, leading to the rejection of the Revenue's appeals and the affirmation of the Commissioner (Appeals) orders.