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TMI Blog2015 (6) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... ills and any specially designed devices which run on wind mills, at Serial No. 12 of the table to the notification. This notification was applicable to Central Excise. The notification referred by the Counsel is a Customs notification. - no error apparent on record - audit report only refers to parts of iron and steel and does not mention anchor rings. The assessee's profile now enclosed as exhibi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for invoking the extended period of five years under Section 11A (4) of the Act and for imposition of penalty under Section 11AC (1) of the Act is same i.e., fraud or collusion or suppression of facts, etc. Reliance placed by the learned Counsel in the case of Ashirvad Enterprises Pvt. Ltd., Vs. CESTAT, Kolkata - 2013 (288) ELT 172 (Pat) and Vulcan Industrial Engineering Co. Pvt. Ltd., Vs. CCE, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Court held that the Tribunal was justified in exercising its powers under Section 254 (2) of Income Tax Act, 1961 when it was pointed out to the Tribunal that it had committed a mistake for not considering the material on record. Therefore, the out of total demand of ₹ 5,36,83,181/- for the period February 2008 to January 2013, the demand of ₹ 4,74,72,972/- for the period February ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as applicable to Central Excise. The notification referred by the Counsel is a Customs notification. Therefore, we see no error apparent on record. 3.1 We also find that the audit report only refers to parts of iron and steel and does not mention anchor rings. The assessee's profile now enclosed as exhibit with the ROM was not presented earlier. It is handwritten and does not bear the stamp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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