2009 (4) TMI 203 - HC - Central Excise

Summary

Issues involved:
1. Appeal against order passed by Customs, Excise and Service Tax Appellate Tribunal.
2. Interpretation and application of extended period of limitation under Section 11AC of the Central Excise Act.
3. Evidence of intention to evade payment of duty by the dealer-respondent.
4. Disclosure of existence of second unit by the dealer-respondent without providing details and value of clearance of products covered under Notification No. 5/99.

Analysis:
1. The appeal was filed under Section 35G of the Central Excise Act against the order of the Customs, Excise and Service Tax Appellate Tribunal, New Delhi. The Tribunal concluded that there was no evidence to suggest an intention to evade payment of duty by the dealer-respondent. It was noted that there was a dispute regarding the interpretation and application of the extended period of limitation under Section 11AC of the Act. The Tribunal found that invoking the extended period of limitation was not justified and that the imposition of penalty was unwarranted.

2. The dealer-respondent had two units, one at Kapurthala and the other at Hoshiarpur. They had filed a classification list for their unit at Hoshiarpur but failed to provide details and value of clearance of products for the Kapurthala unit covered under Notification No. 5/99. Despite this, the Tribunal concluded that inferring an intention to evade duty would not be justified since the dealer-respondent had disclosed the existence of their second unit at Kapurthala, albeit without complete details.

3. The High Court, after considering the facts and arguments, agreed with the Tribunal's decision. It was observed that if there had been an intention to evade duty, the dealer-respondent would not have declared the existence of their second unit at Kapurthala. The Court found no merit in the appeal as no substantive question of law had been raised under Section 35G of the Act. Therefore, the appeal was dismissed, upholding the Tribunal's decision regarding the intention to evade payment of duty and the application of the extended period of limitation.

This detailed analysis of the judgment highlights the key issues involved and the reasoning behind the decision rendered by the High Court of Punjab & Haryana at Chandigarh.