9911796707
TMI Blog2011 (3) TMI 1434X X X X Extracts X X X X X X X X Extracts X X X X ..... plicable is five years and not one year as wrongly held by the Tribunal - demand is issued on the ground that the exemption is wrongly claimed. The assessee contends that exemption is applicable to the transaction in question, whether the assessee was entitled to exemption under the notification is a matter which falls within the phrase ‘determination of rate of duty payable’, which, only the Apex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee was not entitled to the benefit of the notification and it had wrongly claimed the benefit and therefore, they issued a demand demanding a sum of ₹ 12,10,224/- as the duty payable with interest and an equal amount of penalty. The said demand was challenged by the assessee before the original authority who sustained the demand, against which an appeal came to be filed before the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued on the ground that the said exemption is wrongly claimed. The assessee contends that exemption is applicable to the transaction in question. Unless the question whether the exemption is applicable or not is decided, the question of going into limitation does not arise. However, whether the assessee was entitled to exemption under the notification is a matter which falls within the phrase 'det ..... X X X X Extracts X X X X X X X X Extracts X X X X
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