<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2005 (5) TMI 378 - CESTAT, MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=115380</link>
    <description>The term &quot;remake&quot; in Rule 173H of the Central Excise Rules was interpreted broadly to include transformation of rejected and damaged copper wires into fresh wires, even where the goods lose their original identity; the process was therefore held to fall within the rule. The extended period of limitation was not available because the assessee acted under Revenue&#039;s directions, followed the prescribed procedure with departmental knowledge, and no suppression or mala fide intent was shown. The dispute was also treated as revenue neutral, supporting the view that the demand could not be sustained on limitation grounds. The impugned demand and penalty were set aside.</description>
    <language>en-us</language>
    <pubDate>Tue, 17 May 2005 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 29 May 2012 11:56:48 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=152379" rel="self" type="application/rss+xml"/>
    <item>
      <title>2005 (5) TMI 378 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=115380</link>
      <description>The term &quot;remake&quot; in Rule 173H of the Central Excise Rules was interpreted broadly to include transformation of rejected and damaged copper wires into fresh wires, even where the goods lose their original identity; the process was therefore held to fall within the rule. The extended period of limitation was not available because the assessee acted under Revenue&#039;s directions, followed the prescribed procedure with departmental knowledge, and no suppression or mala fide intent was shown. The dispute was also treated as revenue neutral, supporting the view that the demand could not be sustained on limitation grounds. The impugned demand and penalty were set aside.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Tue, 17 May 2005 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=115380</guid>
    </item>
  </channel>
</rss>