2009 (2) TMI 530 - AT - Central Excise

Summary

Issues involved: The judgment deals with the issue of limitation in issuing show cause notice u/s 11A of the Central Excise Act, specifically whether the notice can be issued after six months from the date of visit of officers or from the date of completion of investigations.

Summary:

1. The appellant, engaged in manufacturing HDPE woven fabrics, faced an offence case due to shortage of finished products compared to records. A show cause notice was issued alleging clandestine removal and demanding duty, penalties were imposed by the Commissioner.

2. The appellant challenged the order on limitation grounds, arguing that the notice issued after two years was time-barred. Citing precedents, the appellant contended that the notice should have been issued within six months of the completion of investigations.

3. The Department argued for a longer limitation period of five years for clandestine removal cases, invoking the proviso to Section 11A. Various Tribunal decisions and Supreme Court rulings were cited to support the extended limitation period.

4. The Tribunal noted the conflicting views on whether the notice should be considered time-barred if issued after six months from the visit or from the completion of investigations. Referring the matter to a Larger Bench, the Tribunal sought clarification on the applicable limitation period under Section 11A of the Central Excise Act.

This summary provides a detailed overview of the issues, arguments, and decision-making process in the judgment regarding the limitation period for issuing show cause notices under the Central Excise Act.