9911796707
TMI Blog2007 (3) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... machinery, and land building, etc. belonging to the appellant company, with an option to redeem the same on payment of redemption fine. 2. The issue involved in this case is that the officers of Directorate of Anti-evasion visited the premises of the appellant company. After recording the statement and completion of investigation, the authorities came to the conclusion that the appellant company was indulged in mis-declaring the final product and availing the benefit which were not available to them. Based on this conclusion show cause notice was issued to the appellants which on adjudication resulted in confirmation of demand and imposition of penalties and confiscation of plant, machinery and land building. 3. Learned Advocate ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the case was booked against them for clearance of polyester staple fibre in the guise of polyester waste. This case was decided in favour of the assessees by the Tribunal in the case of Reliance Industries Ltd. Ors. v. CCE, Bombay as reported at 2003 (159) E.L.T. 164 (T) = 2003 (106) ECR 472. It is the submission that if the Tribunal has come to the conclusion that these assessees had supplied polyester waste, then the charge of Revenue today for the period December, 1994 to February, 1995 does not arise. It is his submission that the entire amount of demand is hit by limitation as the show cause notice was issued to the appellant on 9-7-2006 for the alleged mis-declaration from April, 1992 to February, 1995. 4. Learned SDR on the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y appeal against this orders. Further, we also notice that the appellant are manufacturers of Fibres of PSF and viscose and are also manufacturing blended yarn made from polyester waste and viscose (Para 31 in impugned Order). It may be possible that the sample drawn , by the Revenue authorities of the inputs may be of fresh polyester staple fibre which was being used by the appellant in the manufacturing of blended fibre made out of PSF and viscose. It is on record that the appellant had purchased polyester waste (47% of their requirement) from MPPL who were subjected to investigation on the ground that they were supplying PSF in the guise of polyester waste. The said case has ended in favour of that assessee as held by the Tribunal in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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