9911796707
TMI Blog2010 (8) TMI 800X X X X Extracts X X X X X X X X Extracts X X X X ..... spute. Such situation is of revenue neutrality - in case of revenue neutrality, extended period is not invokable - for the period from December 2001 to December 2005 the SCN has been issued on 4th January 2007 which is beyond the period of one year, the extended period is not invokable in this case being the situation of revenue neutrality - appeal allowed - decided in favor of appellant. - E/433 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd duty along with interest was confirmed. The revenue challenged the waiver of penalty before the Commissioner (Appeals) and the appellants also contented that the duty itself is not sustainable by way of Cross Objection, the Commissioner (Appeals) has confirmed the duty and penalty both. Aggrieved from the order of Commissioner (Appeals), the appellants are before me. 3. Ms. Padmavati Patil, L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue is not going to gain anything, hence demand is not sustainable. However, in the case of Tenneco RC India Pvt. Ltd. v. Commissioner of Central Excise, Chennai - 2008 (89) RLT 239 (CESTAT-Che.) = 2009 (235) E.L.T. 105 (T) the Tribunal again held that the revenue neutrality can be applied when revenue neutral situation came about in relation to the credit available to the assessee himself and not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it of the same is available to their sister unit which is not in dispute. Such situation is of revenue neutrality as held by this Tribunal in the case of above cited cases by the learned Advocate wherein it has been held that in case of revenue neutrality, extended period is not invokable. Accordingly, in this case also, I find that for the period from December 2001 to December 2005 the show-cause ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
