9911796707
TMI Blog2005 (5) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... is Appeal filed by M/s. Rachitech Engineering Pvt. Ltd. is whether the extended period of limitation is invocable for demanding the duty. 2. The Revenue has confirmed the demand of duty by denying the benefit of small scale exemption Notification on the ground that value of clearance during the financial year 1999-2000 exceeded Rs. 3 crores. The show cause notice has been issued on 18-6-2002. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... export to Bhutan and Nepal and submits that as per this Explanation, the value clearance of goods exported to Nepal will only be included in the value for clearance for home consumption read with Paragraph 3(a) of the Notification if any excise duty is payable and the value of clearance is not to be included in the aggregate value of the clearances; if no excise duty is payable; that as the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of which the Final Order earlier passed by the Tribunal has been recalled. She contended that as the material fact have been suppressed from the Department, the extended, period is invocable and penalty is imposable on the Appellants. 4. We have considered the submissions of both the sides. We do not find any substance in the contention of the learned Advocate that Para 3(a) of Notification No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suppressed from the Department and as such extended period of limitation is invokable. Accordingly, we uphold the demand of duty. However, we agree with the learned Advocate that this is not a case where equal amount of penalty is imposable. We reduce the penalty to Rs. One lakh only. The Appeal is disposed of in these terms. (Pronounced in the Court). - - TaxTMI - TMITax - Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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