2017 (2) TMI 1224 - SCH - Central Excise

Supreme Court dismisses appeal, considering arguments and material, condoning delay.

The SC dismissed the appeal after considering the appellant's arguments and relevant material, condoning the delay. - 2017 (348) E.L.T. A173 (SC) Invocation of extended period of limitation - Demand of duty alongwith interest and penalty - appellant procured certain inputs from 100% EOU - credit of duty availed in excess of additional duty leviable under Section 3 of the Customs Tariff Act equivalent to duty of excise specified in Clauses (i) (ii) (iii) (iv) (v) (vi) (via) of Rule 3(1) of CCR, 2004 is irregular - the decision in the case of M/s. Molex (India) Private Ltd. Versus Commissioner of Central Excise [2016 (9) TMI 39 - CESTAT BANGALORE] contested, where it was held that Though the method used for calculating the measure of such excise duty was also to include element of customs duties but the entire duty paid on the invoices will have to be considered as Central Excise duty paid under Section 3(1) of Central Excise Act - Held that: - the decision in the above case upheld - appeal dismissed. The Supreme Court dismissed the appeal after considering the appellant's arguments and relevant material. Delay was condoned.