2001 (3) TMI 155 - AT - Central Excise

Summary

Issues involved: Duty demand under Notification No. 208/83, limitation period, suppression of facts by respondents.

Duty Demand under Notification No. 208/83:
The appeal was filed by the Revenue against the Order-in-Original dropping the duty demand of Rs. 69,73,171.81 against the respondents for wrongly availing the benefit of Notification No. 208/83. The Collector confirmed the demand, stating that the respondents were not entitled to the benefit as their inputs were not duty paid. The Tribunal affirmed this finding but remanded the case to the Collector to re-examine the issue of limitation.

Limitation Period:
After the remand, the Collector held the duty for the period in question as time-barred, stating that there was no suppression of facts by the respondents. The Revenue challenged this decision, arguing that the Collector went beyond the scope of the remand order by considering new evidence. The Tribunal found that the Collector's findings were beyond the scope of the remand and that the burden of proving the Revenue's knowledge was on the respondents, which they failed to discharge.

Suppression of Facts by Respondents:
The Collector did not record specific findings on the suppression of material facts by the respondents. Merely showing invoices to the Audit Party during a visit was deemed insufficient to prove the Revenue's knowledge of the benefit availed by the respondents. The Tribunal highlighted previous judgments emphasizing the need for specific knowledge on the part of the department regarding the activities of the assessee.

Decision:
The impugned order of the Collector was set aside, and the matter was remanded for a fresh decision on the question of limitation, with an opportunity for both sides to present their case. The appeal of the Revenue was allowed by way of remand.