9911796707
TMI Blog2008 (4) TMI 579X X X X Extracts X X X X X X X X Extracts X X X X ..... fication No. 8/2005-C.E. up to 28-2-2006 and the same Notification as amended with effect from 1-3-2006. The case of the Revenue as accepted in the impugned order is that the appellants were not entitled to SSI benefit during the period from Apr. 2003 to Nov. 2006 on the ground that their aggregate value of clearances in terms of para 3A of the Notification for the previous years (with reference to the fiscal years relating to the demand of duty) exceeded Rs. 3 crores in respect of the demand period ending 28-2-2006 and had exceeded Rs. 4 crores in relation to the demand period from 1-3-2006. On the other hand, the case of the assessee is that, under para 3A of the Notification as they understood, the clearances of leaflets and printed book ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the impugned demand is barred by limitation. According to him, the larger period of limitation under Section 11A of the Central Excise Act is not invocable in this case. The reason stated by learned counsel is that the assessee had believed bona fide that the leaflets and printed books (cleared at nil rate of duty) were to be excluded from the aggregate value of clearances for a previous year under para 3A of the Notification for the purpose of determining SSI eligibility for the current year. It is also stated that the extended period of limitation was not to be invoked for the mere reason that the assessee had not taken due registration from the department. According to learned counsel, it was the bona fide belief to the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a 2(vii) thereof. Our decision in Vadapalani Press (supra) squarely supports the assessee s challenge to the demand of duty on the exported goods. Taking all these factors into account, we note that the quantum of demand is exorbitant. According to their own assessment, the assessee may be liable to pay only an amount of Rs. 5,15,418.72 net of CENVAT credit. The appellants have furnished a statement indicating that the total CENVAT credit not availed during the material period is Rs. 15,03,855/-. Counsel has stated that this credit is available for utilisation. It is for the proper officer of the department to verify this claim. As far as the matter, as it appears to us, is concerned, the appellants are liable to pay duty of over Rs. 20 lak ..... X X X X Extracts X X X X X X X X Extracts X X X X
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