TaxTMI 
TaxTMI 
2014 (1) TMI 1019
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....s private bonded warehouse. The goods kept in the warehouse could not be cleared within the time limit prescribed under Section 61(2)(ii) of the Customs Act, 1962 and an interest of Rs.10,80,331/- was demanded and confirmed by the adjudicating authority and a penalty of Rs.10,000/- was also imposed upon the appellant under Section 117 of Customs Act, 1962. Appellant agitated before the first appellate authority that goods were cleared from 16.08.2002 to 13.08.2003 and demand was issued on 19.10.2003 which is clearly beyond a period of 06 months specified under Section 28 of the Customs Act, 1962 and is thus time barred. However, the first appellate authority decided the case against the appellant against which the present appeal is filed. ....
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....at a time when no period was prescribed for recovery of Modvat credit has held that the reasonable period of limitation would in that case would be six months or five years depending upon whether there was any suppression of facts involved or not. We observe that the scheme of the Customs Act is similar to the scheme of Central Excises and Salt Act and in that view of the matter we hold that similar view has to be taken in the case of recovery to be made under the Customs Act where no period of limitation has been prescribed. In this premise we therefore hold that the lower authoritys order is prima facie maintainable in law and the prayer of the department for stay of the operations of the order of the Ld. Lower Authority has to be dismis....
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.... a question regarding the inordinate delay in issuance of notice of demand is raised, it would be open to the assessee to contend that it is bad on the ground of delay and it will be for the relevant officer to consider the question whether in the facts and circumstances of the case notice or demand for recovery was made within reasonable period. No hard and fast rules can be laid down in this regard as the determination of the question will depend upon the facts of each case. 5. This Tribunal in the context of the demands raised under Rule 57-I of the Central Excises and Salt Act, 1944 when no period of limitation was prescribed under the said rule has held that taking into consideration the scheme of the Central Excise Law and the limita....