2009 (4) TMI 604 - AT - Central Excise

Summary

Issues:
1. Availment of benefit of Notifications No. 7/1997 and No. 4/1997 for bleached/dyed cotton knitted fabrics consumed captively.
2. Invocation of longer period of limitation for duty demand and penalty imposition.
3. Bona fide belief in availing benefits under the notifications.

Analysis:
1. The appellant, engaged in manufacturing cotton fabric and garments, availed benefits under Notifications No. 7/1997 and No. 4/1997 for a specific period. However, the benefit was not extended to bleached/dyed cotton knitted fabrics consumed captively. This led to the initiation of proceedings through a show cause notice, resulting in the confirmation of duty payment and penalty imposition.

2. The appellant's advocate argued that although the benefit was not available for captively consumed Lycra fabrics, the appellant believed otherwise in good faith. The advocate contended that the notice issued after the standard limitation period of six months was time-barred. It was highlighted that the show cause notice was based on the appellant's own records, including classification lists, declarations, and returns, with no evidence of suppression or misstatement to warrant an extended limitation period.

3. Upon reviewing the arguments, the Tribunal acknowledged that the show cause notice exceeded the normal limitation period. The Revenue's case relied on the appellant's maintained records, indicating the presence of captive consumption of Lycra fabrics in the statutory records. As no suppression or misstatement was found, the Tribunal agreed with the appellant's contention that the demand was time-barred under Section 11A. Consequently, the impugned order was set aside, and the appeal was allowed based on the limitation ground.

This judgment emphasizes the importance of adherence to statutory provisions, bona fide beliefs in availing benefits, and the necessity for timely initiation of proceedings within the prescribed limitation period to uphold legal principles in tax matters.