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2016 (12) TMI 91 - AT - Central ExciseValuation - fabrics - job-work - mis-declaration of price - extended period of limitation - Held that - reliance placed on the decision of the case of Lajya Dyeing & Bleaching 2008 (2) TMI 41 - SUPREME COURT , where the declaration made by the merchant manufacturer was not carried out and the Hon ble Apex Court in such circumstances held that the extended period cannot be invoked. We find that the sole allegation against the appellant for invoking extended period is that the appellant did not file the price declaration not well. It is not the case of the department that no price declaration was filed. Revenue has not shown any authority which required the job workers to file the price declaration lot wise. Furthermore, the show-cause notice relies on the statement of the merchant manufacturer to assert that there was knowledge of mis-declaration. It can be seen from the statement of the appellant that there was no admission of any suppression on their part - appeal allowed on ground of limitation.
Issues:
1. Imposition of penalty on the appellant for under-valuation of processed goods. 2. Challenge against the penalty imposed by the Commissioner (Appeals). 3. Role of the appellant in mis-declaration of value and invoking extended period of demand. 4. Submission of separate declaration for each lot by the appellant. 5. Liability of job worker in declaring correct assessable value. 6. Interpretation of the duty confirmation against the appellants. 7. Applicability of extended period of limitation in the case. Analysis: 1. The case involved M/s. Parekh Prints, job workers processing fabrics, who received material for processing from a merchant manufacturer. The merchant manufacturer had not declared the correct price to the appellant, resulting in under-valuation. A penalty was imposed on the appellant and a co-appellant. The Commissioner (Appeals) confirmed the duty demand but set aside the penalty. The Tribunal remanded the matter back to the Commissioner (Appeals), who upheld the penalty. The appellants challenged this decision before the Tribunal. 2. The appellant argued that since no duty was confirmed against them, no penalty under Section 11AC could be imposed. They contended that they had no role in the mis-declaration of value, thus the extended period of demand could not be invoked against them. Citing legal precedents, the appellant asserted that without their involvement in mis-declaration, penalty imposition was unjustified. 3. The respondent argued that the appellant's failure to submit separate declarations for each lot amounted to suppression. They claimed that under the self-assessment scheme, the appellant was responsible for declaring the correct assessable value. The respondent also relied on a Tribunal decision regarding the liability of job workers in such cases. 4. The Tribunal examined the order-in-appeal and noted the duty confirmation against the appellants. Despite some ambiguity in the order, it was concluded that duty was confirmed against the appellants. The Tribunal considered the arguments presented by both parties regarding duty confirmation and deemed credit recovery. 5. Referring to a Supreme Court decision, the Tribunal emphasized that in the absence of any allegation or finding that the appellant knew about the mis-declaration, the extended period of limitation could not be applied. The Tribunal found that the appellant's failure to file price declarations lot-wise did not automatically imply knowledge of mis-declaration. 6. The Tribunal highlighted that the department did not provide evidence of any requirement for job workers to file price declarations lot-wise. Relying on the appellant's statement and legal precedent, the Tribunal concluded that the appeals were allowed on the ground of limitation, following the Supreme Court's decision in a similar case. 7. Ultimately, the Tribunal allowed the appeals based on the facts presented and the legal principles applied, specifically focusing on the absence of evidence implicating the appellant in the mis-declaration and the lack of justification for invoking the extended period of limitation. This detailed analysis covers the key issues and the Tribunal's decision in the legal judgment.
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