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2007 (10) TMI 494 - AT - Central Excise
Issues: Time-barred demand of duty and penalty
Analysis: The appeal in this case is against the order-in-appeal dated 16-10-2006, where the entire demand of duty and penalty was set aside based on the argument that the demand was time-barred. The Revenue authorities issued a show cause notice on 8-7-2005, demanding the reversal of duty for the period 1999 to 2003 due to short receipt of inputs. However, it was revealed that a letter from the Superintendent, dated 19-3-2000, directed the respondents to comply with an audit report on short receipt of inputs. This letter was not followed up by the revenue authorities, indicating their awareness of the issue but lack of action. The Commissioner (Appeals) concluded that the show cause notice was time-barred, as the revenue authorities had prior knowledge of the situation but failed to act promptly. The Tribunal upheld this decision, stating that the show cause notice was indeed time-barred and dismissed the appeal. In this judgment, the key issue revolved around the timeliness of the demand for duty and penalty. The Tribunal considered the letter from the Superintendent in 2000, which highlighted the issue of short receipt of inputs, and the subsequent lack of action by the revenue authorities. The Tribunal agreed with the Commissioner (Appeals) that the show cause notice issued in 2005 was beyond the permissible time limit due to the revenue authorities' prior knowledge of the situation. Therefore, the Tribunal rejected the appeal, upholding the decision that the demand for duty and penalty was time-barred. The case underscores the importance of timely action by revenue authorities in addressing issues related to duty demands and penalties. The failure to act promptly, despite being aware of discrepancies, can lead to the dismissal of appeals on the grounds of being time-barred. This judgment serves as a reminder for authorities to diligently follow up on audit reports and take necessary actions within the prescribed time limits to avoid such situations where demands may be considered time-barred and subsequently rejected.
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