2011 (3) TMI 746 - AT - Central Excise

The Steel/stainless steel and other alloy will be covered under Notification no. 223/88 or not. Held that - The assessee has been filing the classification lists with the authorities, wherein they had declared the said product as casting and cast articles of stainless steel and articles claiming benefit of Notification 223/88 as amended. The said classification lists were duly approved by the lower authorities after following the procedure laid down in the Rules. - the extended period of limitation cannot be invoked by the lower authorities for the demand of the duty. - Decided in favour of Assessee.

Summary

Issues:
1. Appeal and Cross objection against Order-in-Appeal.
2. Revenue's contention of improper declaration and ineligible exemption.
3. Challenge on limitation by the assessee.
4. Interpretation of Notification 223/88 regarding exemption eligibility.
5. Cross objection on limitation upheld by Commissioner (Appeals).

Analysis:
1. The appeal and cross objection were filed against Order-in-Appeal No. RK/108/AVR/2003. The Revenue contested the OIA setting aside the demand of duty, while the assessee challenged the limitation finding by the ld. Commissioner (Appeals). Both issues were addressed together for a common resolution.

2. The Revenue argued that the assessee misdeclared products and wrongly availed exemption under Notification 223/88. The ld. DR contended that the Notification excludes alloy steel from the benefit, citing a Supreme Court judgment emphasizing strict construction of exemption Notifications. However, the Tribunal found that the Notification did not specify exclusion of alloy steel, and the ld. Commissioner (Appeals) correctly interpreted the Notification, upholding the OIO on merits.

3. The assessee's cross objection pertained to the limitation finding by the ld. Commissioner (Appeals). The assessee claimed to have filed classification lists during the relevant period, duly approved by lower authorities. Referring to a previous Tribunal decision, the assessee argued that the same issue had been covered before. The Tribunal agreed with the assessee, noting that the extended limitation period could not be invoked without new evidence, thus allowing the cross objection and setting aside the limitation finding.

4. The Tribunal analyzed Notification 223/88, which exempted castings and cast articles of steel (other than stainless steel). The Tribunal observed that the Notification did not differentiate between alloy and non-alloy steel, only excluding stainless steel. Referring to a previous judgment, the Tribunal concluded that the exemption was available to alloy steel, ruling in favor of the assessee based on the interpretation of the Notification.

5. Regarding the limitation issue raised in the cross objection, the ld. Commissioner (Appeals) had found against the assessee, stating that the goods were made of non-alloy steel instead of alloy steel as declared. However, the Tribunal noted that the assessee had consistently declared the products as per the classification lists approved by authorities. Without new evidence or correspondence seeking clarification, the extended limitation period was deemed inapplicable, leading to the allowance of the cross objection and rejection of the Revenue's appeal.