9911796707
TMI Blog2016 (6) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... t the issue was debatable and arguable and might have led the assessee to a bonafide belief. Otherwise also we note that the appellant had stated the entire facts to the Revenue and as such reasoning of the original adjudicating authority that the appellant knew that the benefit was not available to them and has wrongly claimed the same, cannot be appreciated. In view of the above we hold that the first show cause notice issued on 03.04.07 for the period June 2004-Feb 2006 is barred by limitation. The confirmation of the demand in respect of the said show cause notice along with imposition of penalty is set aside. As regards the second show cause notice, the Ld. Advocate agrees that the same is within limitation period and the issue o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .03.1995, which exempts the specified goods from payment of duty, subject to fulfillment of condition enumerated therein. One of the condition is that the assessee produces the certificate from the requisite officer of Indian space research organization giving the details of the goods. The appellant claimed the exemption in respect of Sl. No. 7 of the notification which grants exemption to system and sub system of launch vehicle and system and sub system of satellite projects. Though, the appellant produced the requisite certificate, Revenue was of the view that in as much as the goods manufactured by the appellant were aluminum sheets and not specified item against Sl. No. 7, the benefit of the notification cannot be extended to them. Acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely applicable to the facts of the present case. However, he assaults the demand on the ground of limitation involved in the first show cause notice and while conceeding to the confirmation of duty and interest in the second show cause notice, he prays for setting aside the penalty. 7. We have seen the correspondence by the appellant dated 02.12.2003 addressed to the Range Superintendent intimating that they would be availing benefit of notification no. 64/95-CE. It is also not disputed that the benefit was being claimed while producing the certificate from the requisite authority which were being placed before the authorities. It is also further seen that the earlier order of the Tribunal was in favour of the assessee. As such it can b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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