2006 (4) TMI 428

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.... Reddy, JDR, for the Respondent. [Order per : S.L. Peeran, Member (J)]. - The imposition of penalty in terms of Rules 9(2) and 173Q and also under Rule 209A of CE Rules is under challenge in this appeal. The Commissioner has imposed these penalties in terms of his Order-in-Original No. 1/2000, dated 31-8-2000 in terms of show cause notice dated 16-7-1998 issued by the Commissioner proposing ....

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....otice after a lapse of 8 years and impose penalties. 2. In this regard, the learned Counsel relies on the judgment rendered in the case of Jain Shudh Vanaspathi Ltd. reported in 1990 (49) E.L.T. 179. He also submits that the subsequent proceedings are barred by time and therefore, the subsequent penalty proceedings and levy of penalty is required to be set aside. 3. The learned DR ....

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.... the show cause notice dated 16-7-1998 proposing to impose penalty after a lapse of 8 years is without jurisdiction as the issue had already been concluded with the passing of the Order-in-Original No.6/97 dated 12-6-1997. The Calcutta High Court judgment in the case of Jain Shudh Vanaspathi (supra) have clearly held that additional show cause notice had already been adjudicated resulting in passi....