2016 (12) TMI 1041

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....tes approved by the Railways.  That at the time of clearance agreed upon prices are not finalised and are subject to escalation/reduction. That appellant has suo motto made adjustments regarding excess payment of duty and less payment of duty. That the act is correctly followed by the appellant and there is no short levy on the part of the appellant. He relied upon the following case laws to hold that adjustment of duty paid in excess or short paid can be adjusted suo motto by the appellant: (i) Commr. of Central Excise, Trichy Vs. Ananda Fire Works Industries [2006 (193) ELT 250 (Tri.-Chennai] (ii) Collector of Central Excise, Hyderabad Vs. Divya Enterprises Ltd. [2003 (153) E.L.T. 497 (S.C.)] (iii) Bajaj Tempo Ltd. Vs. Commr....

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....t during the course of hearing, does not mention that appellant is adjusting excess/less payment of duty during the relevant period. That in this letter only duty paid as a result of escalation of prices has been intimated to the department. It was strongly argued by the Ld. A.R. that appellant has suppressed the facts from the Department, therefore, extended period will be applicable and penalty has been rightly imposed upon the appellant. 4.  Heard both sides and perused the case records. A demand of Rs. 1,29,218/- was confirmed against the appellant, alongwith interest, and equivalent amount of penalty was also imposed. The period of dispute is June, 2007. 5.  On merits, the case of the appellant is that they have suo mot....