The appellant manufactured 'Gold Dore Bars' having purity less ...

Manufacturer Denied Tax Exemption for 'Gold Dore Bars'; Tribunal Upholds Duty for Normal Period, No Penalty for Misinterpretation.

November 18, 2024

Case Laws Central Excise AT

The appellant manufactured 'Gold Dore Bars' having purity less than 95% from gold ore/concentrate and claimed exemption under Notification No. 12/2012-CE as 'Gold Bars'. The Tribunal held that 'Gold Dore Bars' with less than 95% purity cannot be equated with 'Gold Bars' as per the Notification's Explanation defining 'Gold Dore Bars' as raw material for manufacturing 'Gold Bars'. The appellant's argument of common parlance understanding was rejected, as the Notification treated them as distinct products. While upholding the demand for differential duty for the normal period, the extended period and penalty were set aside, as there was no suppression of facts, only an interpretation issue. The matter was remanded for determining differential duty and interest for the normal period.

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The appellant manufactured 'Gold Dore Bars' having purity less ...

Manufacturer Denied Tax Exemption for 'Gold Dore Bars'; Tribunal Upholds Duty for Normal Period, No Penalty for Misinterpretation.

November 18, 2024

Case Laws Central Excise AT

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