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1997 (7) TMI 293

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....ist as `RIMA' profile steel wires classifiable under Heading No. 72.13 of the Central Excise Tariff as iron or steel wires whether or not coated but not insulated. A show cause notice was issued on 18-11-1987 alleging that the goods described in the classification list as Rima Profile steel wires were not wires but were rightly classifiable under Heading No. 73.08 of the Tariff as other articles of iron or steel. The matter was adjudicated by the Additional Collector of Central Excise, New Delhi who confirmed the demand of Rs. 2,51,644.80 for the period 1-3-1986 to 20-7-1987. A penalty of Rs. 25,000/- was also imposed. 2.  We have heard Shri C.D. Banga, Consultant for the appellants and Shri P.K. Jain, SDR for the respondent Revenue. ....

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....oved by the proper officer without any amendment. For the period 1-3-1986 to 20-7-1987, the show cause notice had been issued on 18-11-1987. The extended period of limitation had been invoked. We find that although there is a specific allegation of wilful suppression with intent to evade payment of Central Excise duty, in the show [cause] notice, the goods were also being described as Rima Profile steel wires under the old Central Excise Tariff and the goods were being classified under Item No. 68 of the old Central Excise Tariff. We also take note of the plea of the ld. Consultant that their unit at Durgapur to whom the goods were being supplied, were otherwise eligible for availing Modvat credit and there was no cause for mis-declaring th....