Extended period – Assessee clearly indicated in its declaration the fact that the product synthetic diamond powder is graded by sieving – Required information available to the Commissioner – Extended period of limitation not invocable Continue reading →

Suppression – Declaration filed by respondent under Rule 174 of erstwhile Central Excise Rules, 1944 mentioning the process undertaken by them – Activity of manufacture of products well within the full knowledge of the department – Demand time-barred. – Section 11A of Central Excise Act, 1944. – The conclusion drawn by the respondents may not be correct, but it cannot be alleged by the Revenue that they had concealed the process undertaken by them with intent to evade the payment of duty. Continue reading →

Disposal of appeal on stay application – Matter when listed for hearing the stay application, only stay application to be disposed off and not the appeal itself – Final disposal of appeal without hearing is against one of the basic tenants of law, hence cannot be countenanced – Prima facie nature of the case to be considered at the time of stay – Aspect pertaining to classification and limitation to be decided and duty amounts required to be confirmed Continue reading →

Ground in appeal completely different from ground proposed in show cause notice for rejection of refund claim – Appeal not maintainable – Section 35B of Central Excise Act, 1944 Continue reading →

Withdrawal from Modvat Scheme – Goods cleared on payment of full duty by appellant after opting out of Modvat credit scheme – Rule 57H(7) of erstwhile Central Excise Rules, 1944 not applicable. – The appellants after opting out of the Modvat credit scheme had not opted for any exemption under Notification 1/98 from the whole of the duty of excise leviable on the goods manufactured and cleared by them from that date. Continue reading →

Dispensation of pre-deposit – Duty and penalty – Conversion of black bars into bright bars not amount to manufacture as held by Tribunal in Nail and Allied Products v. Commissioner [2002 (147) E.L.T. 178 (Tri.)] – Prima facie, the judgment directly applicable to the facts of impugned case – Question of pre-depositing any amount does not arise – Pre-deposit of duty and penalty waived and recovery stayed – Appeal directed to be heard out of turn – Sections 2(f) and 35F of Central Excise Act, 1944. [Per Majority : S/Shri S.L. Peeran, Member (J) and G.A. Brahma Deva, Member (J)]. Continue reading →

 Limitation – Extended period of demand not invocable when classification of product itself in doubt and despite Board’s clarificatory circular different Benches of Tribunal classified it under different heading culminating in constitution of a Larger Bench – Proviso to Section 11A of Central Excise Act, 1944 Continue reading →