9911796707
TMI Blog2016 (1) TMI 732X X X X Extracts X X X X X X X X Extracts X X X X ..... s paid the duty correctly. We also find that the Larger Bench of this Tribunal in the case of Ispat Industries Ltd. (2007 (2) TMI 5 - CESTAT, MUMBAI ) supports the contention of the assessee. We also find force in the contention of the assessee that extended period is not invokable. We do not find any justifiable ground in the show cause notice so as to invoke the extended period. Even the learned Commissioner (Appeals) has dropped the penalty keeping in view the issue involved is interpretation of law. In our view, in the facts and circumstances of the case, invoking the extended period of limitation is not justified. - Decided in favour of assessee. - Appeal Nos. E/3028 & 2993/06-Mum, E/CO/25/07 - - - Dated:- 10-8-2015 - P. K. Jain, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority as well as the Commissioner (Appeals), they have submitted certificate indicating that even if the value is arrived at under Rule 8 i.e. cost of production plus 15% profit margin, even then the demand will work out to only ₹ 27,566/-. He further submitted that in fact, in respect of two vehicles, the value is less than the value on which they had paid the duty. He further submitted that even though the said certificate was produced before the Commissioner (Appeals) and the Commissioner (Appeals) has taken the view that the value is to be determined under Rule 11 read with Rule 8, even then in the last para, he has confirmed the entire demand, i.e. ₹ 3.26 lakhs. He also submitted that even if the demand was to be upheld, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view, Rule 8 is not directly applicable and it would be more appropriate to determine the value under Rule 11 read with Rule 4 and the assessee has paid the duty correctly. We also find that the Larger Bench of this Tribunal in the case of Ispat Industries Ltd. (supra) supports the contention of the assessee. We also find force in the contention of the assessee that extended period is not invokable. We do not find any justifiable ground in the show cause notice so as to invoke the extended period. Even the learned Commissioner (Appeals) has dropped the penalty keeping in view the issue involved is interpretation of law. In our view, in the facts and circumstances of the case, invoking the extended period of limitation is not justified. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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