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TMI Blog2010 (9) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... , Court upheld the demand within the period of limitation and beyond the period of limitation was set aside. Penalty imposed upon the assessee was also set aside. - E/227/10 - WZB/AHD/2010 - Dated:- 20-9-2010 - MRS. ARCHANA WADHWA, MEMBER (J) and MR. B.S.V. MURTHY, MEMBER (T) Shri Nirav Shah, Adv. for the Appellant. Shri S.K. Mall, SDR for the Respondent. Per: Mrs. Archana W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t.3.10.08, is barred by limitation. In respect of his submission, he submits that the issue was not free from doubt and there were decisions on both sides and the disputed issue was finally decided by Larger Bench decision in the year 2008. He submits that in such a scenario, ingredients of provisions of Section 11A cannot be attributed to them, so as to invoke longer period of limitation or to im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lved in this case is from April 2005 to Jan 2007 and issue already stood clarified by the Board Circular dated 25.4.2005. Even after the clarification given by the Board, appellants continued to follow the practice and therefore he justifies the demand of duty and imposition of penalty etc. However, very fact that the matter was referred to the Larger Bench in April 2008 by the Tribunal shows that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erent interpretations were possible, extended period cannot be invoked and penalty cannot be levied. Therefore, we allow the appeal as far as the demand beyond the period of one year and we also set aside the penalty imposed on the appellants. The matter is remanded to Original Adjudicating Authority for the limited purpose of working out duty demand within limitation period of one year under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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