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TMI Blog2014 (12) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... amount @ 8% was clearly declared. In these circumstances, it cannot be alleged that there was suppression on the part of the appellant. Therefore, the show-cause notice could not have been issued invoking the extended period of time and consequently the demand would get time barred. Hence, the question of recovery of any interest thereon or imposing of any penalties would not arise - Decided in favour of assessee. - Appeal No.E/255/08 - Final Order No. A/255/2014-WZB/C-II(EB) - Dated:- 14-3-2014 - P R Chandrasekharan and Anil Choudhary, JJ. For the Appellant : Shri M H Patil, Adv. For the Respondent : Dr B S Meena, Addl. Comm. (AR) JUDGEMENT Per: P R Chandrasekharan: 1. The appeal is directed against Order-in-App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture of the exempted products. When it was pointed out the appellant paid the differential Cenvat Credit of ₹ 23,24,421/- and ₹ 1,98,62,309/- for the period 07/2005 to 09/2006. A show-cause notice dated 06/02/2007 was issued to the appellant demanding the differential Cenvat Credit along with interest thereon and also proposing to impose penalties as aforesaid. Aggrieved of the same, the appellant is before us. 4. The learned Counsel for the appellant submits that in their monthly returns filed during the period they had declared that they were availing the benefit of Notification No. 64/95-CE in respect of clearances made to Indian Navy and they were discharging a sum @ 8% of the value of the exempted goods in respect of suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thly returns filed, the appellant had indicated that they were availing the benefit of Notification No. 64/95-CE in respect of petroleum products supplied to Indian Navy and they were also discharging duty liability @ 8% of the value of exempted goods. In other words, in the statutory returns filed by the appellant, the fact of payment of an amount @ 8% was clearly declared. In these circumstances, it cannot be alleged that there was suppression on the part of the appellant. Therefore, the show-cause notice could not have been issued invoking the extended period of time and consequently the demand would get time barred. Hence, the question of recovery of any interest thereon or imposing of any penalties would not arise. 6.2 However, we n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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