1988 (7) TMI 255 - AT - Central Excise

Summary

Issues:
1. Whether the demand for duty on scrap generated during the manufacture of steel ingots is sustainable.
2. Whether the demand is barred by limitation.

Analysis:
1. The appeal involved a question regarding the sustainability of the demand for duty on scrap generated during the manufacture of steel ingots. The Department mistakenly included the demand for duty on ingots instead of just on the scrap. The Collector acknowledged this error, confirming that duty should have been demanded only on the scrap. The legal representative for the Appellant argued against the order passed by the Collector (Appeals), contending that the demand for duty on scrap was indeed sustainable.

2. The issue of limitation was raised by the legal representative for the Respondents. The demand in question pertained to the period from June 1974 to February 1977, with a show cause notice issued on 28.12.1981 for the recovery of duty under Section 11A of the Central Excises and Salt Act, 1944. The Respondents argued that the demand was time-barred, as the show cause notice was issued beyond the normal time limit of 6 months without any allegations of suppression of facts or misstatement.

3. The legal representatives presented arguments regarding the timing of demands raised on RT 12 returns and the subsequent issuance of the show cause notice. The Appellate Tribunal examined previous case law to determine the validity of demands raised on RT 12 returns and the necessity of issuing a show cause notice within the statutory time limit. The Tribunal referenced specific cases to support their decision, emphasizing the importance of following proper procedures and providing opportunities for the assessees to present their case.

4. Ultimately, the Tribunal held that the demand against the Respondents was time-barred due to the show cause notice being issued beyond the statutory limitation period of 6 months. Citing legal precedents, the Tribunal concluded that even if demands were raised on RT 12 returns, a show cause notice must be issued within the prescribed time frame. As the show cause notice in this case was issued after the limitation period, the demand was deemed invalid, leading to the dismissal of the appeal.

5. The Cross-Objection was declared as abated in light of the Tribunal's decision regarding the time-barred demand.