2016 (1) TMI 273

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.... Bipin Garg, Adv ORDER Per Sulekha Beevi CS The assessee as well as the Revenue are in appeal challenging the impugned order passed by Commissioner (Appeals). 2. The assessee was engaged in the manufacture of Telecommunication grade FRP Rod 1.2 MM. It is the case of Revenue that assessee cleared the goods to the related person, their sister unit viz. M/s Aksh India Ltd. (later M/s Aksh Optifib....

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....tended period of limitation is not sustainable as there is no evidence to establish suppression of facts, willful misstatement or fraud with intention to evade payment of duty on the part of the assessee. It is pointed by the learned Counsel that the provisions of sub-Section (3) of Section 4 of the Central Excise Act, 1944 was introduced only w.e.f. 07/07/2000 and was not applicable during the pe....

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....with their sister unit. That the show cause notice issued after expiry of one year is time barred. 4. Per contra, the learned DR reiterated the findings of the Commissioner (Appeals) on merits. Regarding the issue of limitation he submitted that the appellants had not submitted any price declarations and therefore amounted to suppression of facts. He argued that the Commissioner (Appeals) has err....

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....leared to sister concern and other buyers and have suppressed the facts of comparable value. We are not able to agree with this conclusion arrived by the lower authority. It is seen from records that alongwith the declarations the appellants had enclosed copy of agreement dated 25/10/1999 entered between assessee and sister unit M/s Aksh India Ltd. The goods were supplied as per this agreement and....