9911796707
TMI Blog1997 (5) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that eligibility of Notification No. 74/62 dated 24-4-1962 as amended, has been denied by the department on the ground that scrap admixture with duty paid pig iron is used in the manufacture of final products and hence the final products are not manufactured only from scrap. He submitted that Notification No. 74/62 does not specify that final products are to be produced only out of old iron and steel scrap. He submitted that the very issue has come up for consideration before Patna High Court in the case reported in 1989 (42) E.L.T. 353 with reference to the very Notification No. 74/62 wherein the High Court has observed that the Notification dated 24-4-1962 being an exemption notification, the same has to be construed, in case amb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has also been placed by him in the case of Electro Steel Castings v. Collector of Central Excise, reported in 1989 (44) E.L.T. 659 and Indian Organic Chemicals reported in 1988 (35) E.L.T. 535. 3. Further he contended that demand was barred by time in as much as there was no suppression on the part of the appellants to invoke larger period. He submitted that it is true that matter was on litigation by way of Writ Petition before the High Court of Andhra Pradesh and Writ Petition has been disposed of on 15-11-1986 and after a lapse of 11/2 years the department has issued show cause notice on 16-4-1988 for the recovery of duty. Accordingly, the demand was barred by time. It is submitted that Tribunal has taken the view in the case of S.B. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not been mentioned in the Notification No. 74/62, I hold that the assessee is not entitled to exemption." On time bar issue, Shri Aggarwal submitted that the appellants have suppressed the facts and, accordingly, the department was justified in invoking the larger period. He submitted that delay occurred in issuing the notice due to administrative reason after pronouncing the judgment by Andhra Pradesh High Court. 5. We have carefully considered the submissions made by both the sides and perused the record. As regards the eligibility of exemption in terms of Notification No. 74/62 is concerned, we find that with reference to the similarly worded Notification No. 75/62, Patna High Court has observed that exemption notification while cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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