9911796707
TMI Blog2004 (8) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... a, SDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. These are two appeals, filed by M/s. Paradise Plastics Enterprises Ltd. and the Revenue against Order-in-Appeal No. 551-552/03, dated 28-11-2003. 2.Shri T.G. Shekharan learned Advocate, submitted that M/s. Paradise Plastics Enterprises Ltd. manufacture plastic moulded components with the help of moulds as per specifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment was aware of the fact that they were not including the cost of moulds into assessable value of their final products; that the statement of their Director, Sh. J.V. Gandhi, was recorded by the Range Superintendent in this regard on 17-3-98; that thus the Department was aware of the fact w.e.f. 17-3-98 and as such the show cause notice issued on 9-4-2001 is time-barred. He, finally, submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the extended period of limitation is invocable as they had not included the cost of moulds supplied free of cost to them by their buyers; that the fact of inclusion of cost of such moulds in the assessable value has not been disputed by the appellants. The learned S.D.R., further, submitted that the revenue has also filed the - appeal as the Commissioner (Appeals) has reduced the penalty from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plied free of cost, has not been included in the assessable value of the finished goods manufactured by the assessee. The fact of free supply of moulds was also not disclosed to the Department. Further, the undisputed fact is also that the Department came to know about the free supply of moulds w.e.f. 17-3-98 when the Department recorded the statement of J.V. Gandhi, Director. Thus, the Department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A of the Central Excise Act. Any demand for extended period from 17-3-98, is time-barred as the Department had acquired the knowledge of the fact of non-inclusion of cost of moulds supplied free of cost in the assessable value. A penalty is also imposable on M/s. Paradise Plastics Enterprises Ltd. However, a penalty equivalent to the amount of duty involved, is not warranted in the facts and circu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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