9911796707
TMI Blog1997 (7) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... MA profile steel wires classifiable under Heading No. 72.13 of the Central Excise Tariff as iron or steel wires whether or not coated but not insulated. A show cause notice was issued on 18-11-1987 alleging that the goods described in the classification list as Rima Profile steel wires were not wires but were rightly classifiable under Heading No. 73.08 of the Tariff as other articles of iron or steel. The matter was adjudicated by the Additional Collector of Central Excise, New Delhi who confirmed the demand of Rs. 2,51,644.80 for the period 1-3-1986 to 20-7-1987. A penalty of Rs. 25,000/- was also imposed. 2. We have heard Shri C.D. Banga, Consultant for the appellants and Shri P.K. Jain, SDR for the respondent Revenue. 3. Shri C.D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without any amendment. For the period 1-3-1986 to 20-7-1987, the show cause notice had been issued on 18-11-1987. The extended period of limitation had been invoked. We find that although there is a specific allegation of wilful suppression with intent to evade payment of Central Excise duty, in the show [cause] notice, the goods were also being described as Rima Profile steel wires under the old Central Excise Tariff and the goods were being classified under Item No. 68 of the old Central Excise Tariff. We also take note of the plea of the ld. Consultant that their unit at Durgapur to whom the goods were being supplied, were otherwise eligible for availing Modvat credit and there was no cause for mis-declaring the goods or for not paying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they were being classified under Item No. 68 and were being supplied to their own unit at Durgapur. We therefore consider that no grounds have been made for invoking the extended period of limitation. Thus while we confirm the classification under Heading No. 73.08 sub-heading No. 7308.90, we restrict the demand to the normal period of limitation from the relevant date as explained under Section 11A of the Central Excises Act, 1944. 8. A penalty of Rs. 25,000/- has been imposed while confirming the demand of Rs. 2,15,644.80. As the demand of duty is restricted for the normal period of limitation, we reduce the amount of penalty from Rs. 25,000/- to Rs. 10,000/- (Rupees ten thousand only) only. The amount of redemption fine of Rs. 10,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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