2017 (12) TMI 1076

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.... Notification No.50/2003 CE or they have done any act of suppression etc. by filing the required declaration being the declaration of their intention to avail the area-based exemption under the said Notification. 2. The brief facts are that the appellants M/s Krsna Urja Projects are engaged in manufacture of power transmission and distribution line equipments. The appellants established their unit at Industrial Area, Haridwar in August, 2005, which is a notified area under Notification No. 50/2003 CE. The appellants industry commenced commercial production with effect from 28/08/2005 and affected their first clearance on 01/09/2005. Notification No. 50/2003 CE dated 10/06/2003 exempts goods specified in the Notification when cleared from U....

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....cation. That the appellants were not entitled for exemption availed on the clearances made during the period 01/09/2005 to 22/12/2008. 3. The appellants appeared and contested the show cause notice both on merits and on limitation. The Learned Commissioner was pleased to confirm the show cause notice, confirming the proposed demand of Rs. 1,37,60,266/- along with penalty under Section 11 AC of the Act. Further personal penalty was imposed on the Director, Shantanu Sanghi Rs. 5,00,000/- and Rs. 50,000/- on Shri Mahendra Kumar Jain, Works Manager, authorize representative, under Rule 26 of CER, 2002. There was an order of confiscation of the excisable goods valued at Rs. 36,70,277/- being stock transfer from Haridwar Unit without payment of ....

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....v/s Commissioner of Central Excise, Meerut-I, reported in 2015 (316) E.L.T. 106 (Tri. Del.), wherein considering that the option provisions under Notification No.76/2003 CE which are pari-materia to the exemption Notification No.50/2003 CE (Notification No.76/2003-CE is the amending Notification of the earlier Notification No.50/2003-CE), wherein the condition of filing declaration for availing exemption was introduced. This Tribunal as regards limitation observed, it is undisputed that while the assessees started availing of this exemption from 20/05/2006 when the first clearance was made, they filed the declaration only on 14/03/2008. There is no dispute that the goods being manufactured are not in the negative list of Annexure-I and the ....