1997 (11) TMI 248

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..... This appeal arises from Order-in-Original dated 24-5-1989 passed by the Collector (Appeals), Madras. By this order the Collector has held that the goods namely, Hard Ferrite (demagnetised and magnetised) pieces of the same goods are liable to duty and they are not entitled for the benefit of Notification No. 160/86. He has also held that the appellants have removed the goods clandestinely, hence .....

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..... s in the same line of trade acted under the bona fide belief that the item manufactured and sold by them are `permanent magnets covered by the Notification. After the Central Excise Officers visit to their factory, they had taken licence on 2-11-1988, thereafter they have been paying duty. They have pleaded that the demands are barred by time, as they held bona fide belief in respect of goods bei .....

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..... n a careful consideration of the submissions made by the appellants in their written submission and on going through the grounds of appeal and also the Notification No. 48/90 dated 15-11-1990 issued under Section 11C of the Act, we are of the considered opinion that the demagnetised hard ferrite removed by the appellants are intended for use as articles intended to become permanent magnets falling .....

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