2015 (11) TMI 315

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ured by them by classifying the same under Chapter Heading number 27.01 while it is a case of the revenue that the said products are classifiable under Chapter Heading number 34.03. The classification claimed by the appellant entitles them the benefit of lower rate of duty while the revenue is seeking to classify the product under heading wherein the appellant is not eligible for lower rate of duty. The show cause notice dated 02/02/1999 was issued to the appellant alleging that they were misclassifying the products in order to evade duty, allegations of suppression were also levelled against the appellant. The appellant contested the show cause notice on merits as well as on limitation. The adjudicating authority after following the due pr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mission that this was ascertained by the Department after it was noticed from the quality control records. It is his submission that the batch reports indicate that the products are correctly classifiable under chapter heading number 34.03. He would then take us through the statements of persons working in the appellants factory/refinery. 5. We have considered the submissions made at length by both sides and perused the records. 6. On perusal of records, we find that the appeal could be disposed of on the ground of limitation only. It is noticed that for the period in question in this appeal, appellant had filed classification list, classifying the products under chapter heading number 27.01. The said classification lists were approv....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l of the samples and get the same tested in order to ascertain the correct classification of the product, during the relevant period. Having not done so, revenue authorities now cannot turnaround and allege that there was suppression, mis-statement on the part of appellant. 6.2 Secondly, the revenue authorities relied upon the batch card purportedly maintained by the appellant in respect of the said products, indicate that the correct classification of the product is under chapter 34. On perusal of the said job cards, we find that the said job cards were for the year 1998 while the demand in the show cause notice is for the period January 1994 to March 1995. There is nothing on record to show that during the relevant period, the job card....