2000 (7) TMI 348

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....Singh, DR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - A demand of duty of Rs. 3,06,364/- has been confirmed against the appellants who are manufacturers of MS bars and rods on the ground that they are not eligible to the benefit of exemption in terms of Notification No. 202/88 dated 20-5-1988 since they purchased unserviceable rails, sleepers; fishplates, etc. (rail scr....

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.... therefore, leviable to duty. However, we agree with the appellants that the demand is entirely barred by limitation and the appellants were under the bona fide belief based upon the various circulars issued by the CBEC that, used and rejected railway material was to be treated as angles, shapes and sections; that their final product made out of such railway material was exempt from payment of dut....