9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1996 (9) TMI 231 - AT - Central Excise
Issues:
1. Entitlement to exemption for nitrogen gas supplied to sister unit under relevant notifications. 2. Applicability of extended period under Section 11A(1) for duty evasion. 3. Imposition of penalties under Rule 173Q and Rule 226 for failure to maintain records. Entitlement to Exemption: The appeal concerned the duty demand on nitrogen gas supplied to a sister unit, where the Collector confirmed the duty demand citing the unavailability of exemption benefits due to the separate entity status of the units. However, the Tribunal noted a previous order allowing one consolidated license for goods within the same entity. As the Tribunal recognized both units as part of the same corporate entity, it held that the appellants were entitled to the benefit of the relevant notification. The ground for denial based on separate entities was deemed invalid, leading to the affirmative answer on this issue. Applicability of Extended Period: Since the Tribunal found the appellants eligible for the exemption, the demand no longer stood. Consequently, a ruling on the applicability of the extended period of limitation was deemed unnecessary, and the Tribunal did not provide a specific finding on this issue. Imposition of Penalties: Penalties were imposed for non-filing of classification lists, price lists, and failure to maintain statutory records and returns. However, the Tribunal observed that classification lists and returns were filed, and price lists were submitted for nitrogen gas during the relevant period. As the Collector's findings on non-compliance were found to be incorrect, the grounds for imposing penalties were deemed unsustainable. Therefore, the Tribunal set aside the penalties, concluding that they were not warranted in this case. In conclusion, the Tribunal set aside the duty demand and penalties, allowing the appeal in favor of the appellants based on their entitlement to the exemption benefits and the lack of grounds for penalties due to compliance with filing requirements.
|
