2016 (6) TMI 1053

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....limitation. 2. The appellant is a manufacturer of Mild Steel Ingots (MS Ingots), steel runners etc. The period involved is June, 1991 to January, 1994 when the MODVAT Scheme was in force. The appellants availed credit of duty paid on inputs to the tune of Rs. 60,19,427/- on the strength of carbon copies of challans issued by TISCO at Calcutta to another dealer at Calcutta, who subsequently endorsed the same to appellant. The department disallowed the MODVAT credit and also imposed penalty. After several rounds of litigation the matter has been remanded by the Hon'ble High Court. 3. The learned Counsel Shri V.J. Shankaram appearing for the appellant argued both on merits and on the issue of limitation. The objection of the departme....

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....e challans are seen issued by consignment agent and therefore cannot be considered as challans issued by TISCO. Though the title of the challans show as TATA IRON and STEEL COMPANY LIMITED, STOCK YARD SIDING NO: etc, these are seen signed by consignment agent. Again, though the documents were defaced by the Range Superintendent it cannot be said that the department was put to notice of the fact that the challans were signed by the consignment agent. That the appellant is thus guilty of suppression of facts and the extended period has been rightly invoked. 6. We have heard both sides and perused the records. 7. The appellant purchased scraps (inputs) from dealers who in turn purchased it from TISCO yard under delivery challan duly sign....