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TMI Blog2017 (9) TMI 1654X X X X Extracts X X X X X X X X Extracts X X X X ..... December of the year of issue - levy of Excise duty - Held that:- The expression used in the prescribed procedure is 'twelve calendar months'; a 'calendar year' which, by definition, would be coterminous with the twelve months ending in December. Such a description would restrict the validity to part of such year if issued after the first day of January. Similarly, the expression 'twelve calendar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... O Seals Pvt Ltd against order-in-appeal no. PD/26/MV/2014 dated 20 June 2014 of Commissioner of Central Excise (Appeals-I), Mumbai Zone-I upholding demand of duty of and other penal detriment lies within the narrow compass of scope of the expression 'twelve calendar months in notification no. 42/2001-CE(NT) dated 26th June 2001. According to the lower authorities, that phrase would restrict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly erroneous but also inconsistent with the practice in other jurisdictions of the same Commissionerate and elsewhere. In support of the submission, Learned Counsel drew attention to the undertakings furnished and exports effected by other units of theirs and contends that this plea was ignored. 5. The expression used in the prescribed procedure is 'twelve calendar months'; a 'ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder ARE-1 between 1 st January 2013 and 16th January 2013 had been exported. The intent of the procedure is to ensure that goods are not diverted under the guise of exports. To that end, possession of a valid undertaking would permit business activity without permanent oversight or scrutiny. In the present dispute, the exports have been subjected to scrutiny arising from suspicion and, except ..... X X X X Extracts X X X X X X X X Extracts X X X X
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