9911796707
TMI Blog2018 (5) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... inable. Demand of of duty on Remnants of ₹ 8,12,05,337/- - Held that: - the confirmation of demand of under valuation on Remnants is not sustainable because the same was confirmed by relying on CBEC Circular dated 29/09/1994, which is rescinded through Circular dated 16/08/2010 - the demand of differential Central Excise duty of ₹ 8,12,05,337/-, interest thereon and equal penalty are not sustainable. Demand of ₹ 9,64,168/- - depreciation denied on the ground that they were not capital goods since they were not put to use - Held that: - demand not sustainable as catalyst on first charge were treated as capital goods and that there was no such allegation in the Show Cause Notice and therefore, the adjudication proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 31/03/2003. On 01/04/2011, they submitted the duty calculation sheet to the Jurisdictional Central Officers. On 12/04/2011 they paid the Customs Central Excise duties for the purpose of exit from 100% EOU Scheme and on 28/04/2011, the said payments were scrutinized and verified by the Jurisdictional Assistant Commissioner. The Jurisdictional Assistant Commissioner also issued a No Objection Certificate on 28/04/2011 stating that there was no objection to the appellant to exit from 100% EOU Scheme. Subsequently, on 10/06/2011 Development Commissioner issued the appellants with a Final de-bonding order informing that they did not enjoy the status of EOU with effect from that date. The bond and the bank guarantee executed with the Juri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was imposed under Section 11AC of the Central Excise Act, 1944. The said Show Cause Notice was issued by invoking proviso to Sub-section (1) Section 11A of the Central Excise Act, 1944 and also corresponding provisions of the Customs Act, 1962. Aggrieved by the said order appellant is before this Tribunal. 3. Heard the ld. Counsel for the appellant, who has submitted that on de-bonding the duties were paid and the same were scrutinized by the Jurisdictional Officers and No Objection Certificate was also issued for exit from EOU status and that the Central Excise Authorities discharged the bond and the bank guarantee on 01/02/2012 and after discharging of the bond and the bank guarantee, a Show Cause Notice dated 30/03/2012 was issued by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom 01/04/2007 to 31/03/2011 and under valuation, he submitted that the issue of classification of the same was already decided by Divisional Assistant Commissioner through the proceedings which were initiated by a Show Cause Notice dated 17/03/2008 where the rate of duty and value were examined by Divisional Assistant Commissioner and the appellants were called upon to show cause as to why interest should not be paid on the differential duty of ₹ 72,70,713/- for their Cenvat account for payment of duty on Remnants cleared by EOU to DTA. He has argued that since the issue of rate of duty was decided and had come to the knowledge of the Department on 17/03/2008, the Show Cause Notice on the same issue issued on 30/03/2012 was barred by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the confirmation of demand of ₹ 3,37,48,484/-, interest thereon and equal penalty are not sustainable. Further, we find that in respect of the issue relating to the rate of duty and value in respect of Remnants, the rate of duty was decided through the proceedings initiated by Show Cause Notice dated 17/03/2008 and therefore, the present demand on the issue of rate of duty is hit by limitation. We also find that the confirmation of demand of under valuation on Remnants is not sustainable because the same was confirmed by relying on CBEC Circular dated 29/09/1994, which is rescinded through Circular dated 16/08/2010. We, therefore, hold that the demand of differential Central Excise duty of ₹ 8,12,05,337/-, interest thereon and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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