1997 (9) TMI 213

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..... ice U.L. Bhat, President]. Appellant, engaged in the manufacture of patent and proprietary medicines opted for Modvat scheme and benefit of Notification No. 175/86 which gives two optional benefits, one of the benefits being payment of duty at only 5% on the first clearance of value up to Rs. 50 lacs where Modvat credit is availed. It was this benefit which was availed by the appellant. The .....

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..... nfirmed by the Collector (Appeals). Hence, the present appeal. 2. Ld. Counsel for the appellant submitted that he is addressing arguments only in regard to the ground of limitation. Show cause notice alleged deliberate undervaluation of the assessable value with intent to evade duty and invoked the larger period of limitation under the proviso to Section 11A(1) of the Central Excise Act, 1944. .....

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..... r to the notice. 4. In applying the provision of limitation, we are not concerned with the facts which provide the background for the demand and we are concerned only with the actual period i.e. on the days on which duty was payable and was short paid or not paid. The demand relates to period from 26-12-1986 to 12-3-1987. On recomputation, the Superintendent found that duty was payable during t .....

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