9911796707
TMI Blog2001 (3) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... g the benefit of exemption Notification No. 202/88-C.E., dated 20-5-1988. 2. The facts leading to the filing of the present appeal may briefly be stated as under : 3. The respondents were engaged in the re-rolling of iron and steel. They filed classification lists effective from 20-5-1988, 1-3-1989 and 20-3-1990 wherein they claimed that bars and rods, angles, shapes and section manufactured by them were fully exempt from duty under Notification No. 202/88-C.E., dated 20-5-1988, for having been manufactured out of the specified raw materials viz. iron ingots, semi-finished products of iron viz. billets blooms, slabs and re-rolling materials i.e. old angles, shapes, sections, channels etc. But on investigation it revealed that the re-rol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause notice did not agree with the version of the respondents and confirmed the duty demands indicated in the show cause notice, and also imposed penalty of Rs. 20,000/- on them, through order in original dated 10-6-1999. They, however, challenged the correctness of that order in appeal before the Commissioner (Appeals) who reversed the same by allowing their appeal through the impugned order on the ground that the demand was time barred and the respondents were entitled to the benefit of deemed credit also. 5. The Revenue has come up in appeal before the Tribunal being not satisfied with the impugned order of the Commissioner (Appeals). 6. The learned JDR has assailed the validity of the impugned order of the Commissioner (Appeals) by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the respondents as in that case the Tribunal has taken the view that where the MS rounds/squares had been manufatured out of the rejected railway materials viz. old and used rails/wheels/axles/metal tyres by the process of cutting and re-rolling the benefit of Notification No. 202/88-C.E. cannot be extended to the assessee, as such materials were not specified as eligible inputs in that notification. Therefore, exemption under that Notification for payment of duty on the final product was not available. 10. Similarly, regarding availability of deemed credit as allowed to the respondents by the Commissioner (Appeals), the counsel has not disputed that such a credit was not available to the respondents. 11. We, therefore, are left wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enefit of Notification No. 202/88 in those classification lists. There is nothing on record to suggest that at the time of approving their classification lists, any objection was raised by the Excise Department that benefit of the said notification was not available as the re-rolling material used by them was not specified as eligible input therein. The classification lists were rather approved unconditionally and without any rider. Therefore, there was no suppression of any material facts by the respondents from the Excise Department when they cleared the goods by availaing the benefit of Notification No. 202/88 without payment of duty. Consequently, the extended period of limitation could not be legally invoked under Section 11A of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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