1997 (12) TMI 418 - AT - Central Excise

Appellant wins Central Excise dispute, penalty overturned on limitation grounds.

ASSOTEX ENGG. INDUSTRIES LTD. Versus COLLECTOR OF C. EX., AURANGABAD

ASSOTEX ENGG. INDUSTRIES LTD. Versus COLLECTOR OF C. EX., AURANGABAD - 1999 (109) E.L.T. 882 (Tribunal) Issues: Classification of goods under Central Excise Tariff - Suppression of facts leading to extended period of limitation - Applicability of penaltyIn this case, the appellant challenged an order by the Addl. Collector of Central Excise regarding the classification of goods. The appellants claimed that the impugned goods were bushes classified under articles of copper and iron, while the Department contended they were Sintered Bushes falling under a different classification. The Addl. Collector confirmed a demand based on alleged suppression by the appellants, invoking the extended period of limitation. The appellant argued that there was no suppression as they had previously disclosed the nature of the goods to the Department through correspondence and a show cause notice. The Department, however, maintained that the appellants should have made a complete disclosure to avoid a roving enquiry. The Tribunal noted the correspondence between the appellants and the Department, where the nature of the products was discussed, and concluded that the larger period of limitation could not be invoked when both parties were aware of the facts. Therefore, the Tribunal held that the appellants succeeded on the issue of limitation, setting aside the penalty imposed due to the time bar.The Tribunal emphasized that the appeal solely addressed the limitation issue, not the merits of the case. As the larger period of limitation was deemed inapplicable, the penalty was overturned. Consequently, the impugned order was set aside, and the appeal was allowed in favor of the appellant.