9911796707
TMI Blog2005 (6) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 3-4-2001. 2.1 (a) As processors of MMF the appeals as they are wont to do, obtained declaration under Notification No. 27/92 about the Gray fabrics and filed the same with the Central Excise Authorities & determined duty & removed the goods. (b) During the said period 2,52,77,522.90 L.Mtrs of fabrics were obtained for processing under documents of various Merchants/ Traders. Processing was done and goods removed on basis of prices declared by such Merchants/Traders. Deemed credit under notification 29 of 1996 was obtained. (c) Officers visited the premises of (a) Gopal Silk Mills ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee & its Directors. 2.2 The Additional Commissioner passed an ex parte order confirming the duty demands & penalty CCE(A) dismissed the appeal for non-compliance of pre-deposit. Tribunal remanded the same after a pre-deposit of Rs. 2 lakhs (Rupees Two Lakhs) & the CCE (A) heard the appellant, confirmed the duty demand & penalty. 2.3 (a) Appellants have followed a set procedure of paying duty as and on prices declared by the Merchants/Traders. The reliance on the statements of five merchants stating that the appellants advised the incorrect declaration and reliance on the same cannot be accepted since there is nothing on record to indicate why the appellant should do so and who is the person who so advised them since there is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alued declarations when the same was established by the officers after great in depth investigation on having found even Gray Purchase challans as admitted to be suspect documents. The demands are barred by limitation. (e) Since no knowing preconcert in the misdeclaration in part of the appellant is being upheld the invocation of provisions of para 7 of notification 29/96-C.E. (N.T.) to debar the deemed credit as availed cannot be upheld. (f) In view of the finding of bar of limitation for the determination of the duty demands, the penalty imposed on the assessee and on the Director is required to be set aside since imposition of penalty without mens ..... X X X X Extracts X X X X X X X X Extracts X X X X
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