1999 (4) TMI 260

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mber (T)]. The assessees were availing the benefit of deemed credit on Copper scrap in terms of Ministry s order F. No. 342/1/88 TRU, dated 20-5-1988. During the period July 1988 to June 1989 the credit taken by them on the basis of 16 invoices was found to be wrongly taken inasmuch as the description of the inputs in the invoices did not indicate their character as scrap. The show cause not .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... alify for the benefit does have merit. 4. However on the aspect of limitation, the appellants have a strong case. It is their case that the show cause notice is based on the audit objection communicated to the assessees vide letter dated 23-8-1989 bearing F. No. RD/Asia/Audit/294/89. The serial numbers of the invoices shown in the annexure to the show cause notice do appear in the objection in p .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 1992 cannot make the allegation that the assessees had suppressed the fact of wrong credit being taken. Even otherwise in the show cause notice the allegation is made in an indirect manner. On perusal of the documents, the audit objection and show cause notice, it has to be held that in the presence of knowledge of the wrong practice by the department, the show cause notice issued nearly 3 years .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X