2005 (8) TMI 551

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pellant was clearing the said product at nil rate of duty in terms of the provisions of Notification No. 76/86, dated 10-2-86, by treating the same as handicrafts. It is seen that during the period in question, declaration to that effect were also being filed by the appellants. Such declarations were being accepted by the revenue inasmuch as the Central Board of Excise and Customs vide its Circular No. 15/88-CX. 1, dated 25-4-88 had examined the issue of availability of exemption Notification No. 76/86-C.E., dated 10-2-86 to Zari and it was clarified that Zari and Zari items are to be classified as "handicrafts" and are eligible for exemption under the said notification. Subsequently, another Circular No. 128/39/95-CX., dated 25-5-1995 was ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of metallic yarn (Zari) cleared by the appellant during the period 1-4-95 to 31-5-98 on the ground that the exemption was not available. Notice also proposed imposition of penalty and confirmation of interest against them. The said show cause notice culminated into an order passed by the Commissioner confirming demand of duty to the tune of Rs. 80,22,475/- (basic) and of Rs. 12,03,372/- (additional) and imposing personal penalty of identical amount along with confirmation of interest. 4. Shri T. Gunashekharan, ld. Advocate appearing for the appellant submits that he is not challenging the impugned order on merits but only on the point of limitation. It is contended that the benefit of exemption Notification was being availed after ....