2017 (4) TMI 551

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.... the Respondent Per : Ramesh Nair The appellant is engaged in manufacture of excisable goods viz. Corrugated boxes and other articles of paper falling under heading No.4819.12 of Central Excise Tariff Act, 1985. The said product was exempted / attracting Nil rate of duty prior to 1^st March, 2001. In the Union Budget 2001, excise duty @ 16% was levied on the said product w.e.f. 1-3-2001. The....

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....riod is March, 2001 whereas show cause notice was issued on 11^th July, 2004. In the adjudication, demand of duty of Rs. 1,24,460/- was confirmed under proviso to sub-section (1) of Section 11A, a penalty of equal amount was also imposed under Section 11AC, interest was also demanded under Section 11AB of Central Excise Act, 1944. Aggrieved by the Order-in-Original, appellant filed an appeal befor....

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.... period 16-3-2001 to 31-3-2001. Upto 15-3-2001 the exemption limit was Rs. 100 Lakhs therefore clearances made by appellant upto to value of Rs. 17,77,875/- is well within the exemption limit of Rs. 100 Lakhs therefore demand is not sustainable. It is submission of the appellant that on the date 1-3-2001, when the fresh levy was imposed in the Union Budget, 2001 appellant have filed declaration da....

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....missions made by both sides and perused the record. 5. We find that this case can be disposed of on the issue of time bar itself. We find that appellant on 1-3-2001 filed declaration for availing exemption notification No.8/2000-CE and also claimed exemption upto aggregate value of Rs. 100 lakhs. Though the notification No.15/2001-CE dated 16-3-2001 amended the Notification No.8/2000-CE the cla....