2009 (10) TMI 775

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rd both sides. The appellants filed this appeal against the impugned order whereby the demand of Rs. 14,84,656/- was confirmed for invoking the extended period of limitation and a penalty of Rs. 50,000/- was imposed on the appellants under Rule 173Q of the Central Excise Rules, 1944. A demand for interest was also made in the adjudication order. The only contention of the appellants is that six sh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the excess and shortages of the stockyard were reconciled. The present demand is in pursuant to the procedure specified under above Circular. The contention is that as the Revenue was aware that there was certain shortages and excess in the stockyard, therefore, the allegation of suppression is not sustainable and the demand beyond the normal period of limitation is barred by limitation. 2. The ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t was not disclosed to the jurisdictional Excise Officers. Therefore, the demand for invoking the extended period of limitation is sustainable. In respect of the interest, the contention is that as the duty was paid after the due dates the interest is leviable. 4. In respect of the contention of the appellants that the demand under show-cause notice dated 22-2-99 is time barred, we find that the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....applicable, the excise duty will be paid by the respective plant suo-motu, through TR-6 challan by calculating the duty payable in the manner specified in the Circular and in case of excess duty paid the refund will not be claimed by the stockyard/depot. As the applicant is availing the benefit of the Circular, therefore, is bound by the terms of the condition of the Circular. Hence, we find no in....