9911796707
TMI Blog1999 (10) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent. [Order per : Lajja Ram, Member (T)]. In this appeal filed by M/s. Rajasthan Spinning Weaving Mills Ltd., the matter relates to the classification of the cabled yarn, and the issue for consideration is whether the cabled yarn was covered by the description of doubled/multifolded yarn for exemption under Notification No. 53/91-C.E., dated 25-7-1991 and its predecessor Notific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,46,122.70. A penalty of Rs. 2 lakhs was imposed. It was also ordered that the appropriate amount of interest as determined under Section 11AB of the Central Excise Act, 1944 was also recoverable from the assessee. 2. The matter was heard on 14-9-1999 when Shri K.K. Anand, Advocate appearing for the appellants submitted that there was no ground to invoke the extended period of limitation in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not for cabled yarn. The appellants knew that they were producing cabled yarn but did not declare it so. They misdeclared the cabled yarn as a doubled yarn. As the facts were suppressed, extended period of limitation had been rightly invoked. The ld. JDR submitted that the exemption notifications had to be strictly interpreted and there was no scope for any ambiguity. The cabled yarn was not e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng under Chapters 52, 54 or 55 of the Central Excise Tariff, when appropriate duty of Excise had already been paid on such yarn, will be extended to the cabled yarn manufactured by the appellants in that case. The process of manufacture of the doubled yarn had been given in para 2 of the order. After making a reference to the trade notice from the Bombay Central Excise Collectorate available at Vo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
