2009 (2) TMI 554 - AT - Central Excise

Summary

Issues:
Appeal against order upholding demand of duty and penalty for Glass Shells used for miniature bulbs. Contesting demand based on limitation period.

Analysis:
The appeal was made against the order of the Commissioner (Appeals) upholding the demand of duty and penalty for Glass Shells used for miniature bulbs. The order imposed a duty of Rs. 8,60,960/- and a penalty of Rs. 1 lakh, citing suppression of facts regarding non-levy of duty for the period 1-1-95 to 22-7-96. The show cause notice for duty was issued on 3-2-2000, invoking the extended period of limitation due to the alleged lack of information on the manufacturing process. However, the appellants had declared the product 'Shell' as being manufactured by them, providing the necessary information as required. The Tribunal found that the information provided by the assessee was sufficient, and there was no requirement for them to furnish the detailed manufacturing process suo motu along with the classification list. Therefore, the finding of suppression was deemed unsustainable, and the invocation of the extended period was unjustified.

The Tribunal, after considering the arguments from both sides, concluded that the impugned order was not sustainable. As a result, the order was set aside, and the appeal was allowed on the ground of limitation. The appellants were granted consequential relief as per the law. The decision was dictated and pronounced in the open court, providing clarity on the outcome of the appeal regarding the limitation period issue.