2018 (1) TMI 1206

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....er dated 3/7/2006 is extracted herein below: "We find that the Tribunal in the decision referred (supra) has also held that extended period cannot be invoked in as much as the Naval Authorities has been issuing certificates and as such, there was a bonafide belief. Demand is required to be confirmed for the period which falls within the limitation period. Even for that demand, the appellant would be entitled to the benefit of Modvat credit of duty on the inputs and to the benefit of exemption notification in respect of supplies made on the existing vessels. We find that though the above all points were raised, they were not considered by the Commissioner for which purposes we set aside the impugned order and remand the matter to th....

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....all not be applicable and the appellant will not be exposed to the liability of interest and penalty. It is his further submission that since for the earlier period i.e. 1994 to 1999, the Department had issued the show cause notice by invoking the extended period of limitation, subsequent Show Cause Notice (SCN in the present case) cannot be issued again by invoking the extended period. The Ld. Advocate has relied on the judgment of the Hon'ble Supreme Court in the case of M/s. Nizam Sugar Factory Vs. Collector of Central Excise, A.P. reported in [2006 (197) ELT 465 (S.C.)] and ECE Industries Ltd. Vs. Commr. of Central Excise, New Delhi reported in [2004 (164) E.L.T. 236 (S.C.)], to justify such stand. 5. On the other hand, the Ld. D.....

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....The relevant statutory provisions existed at the material time, are extracted herein below: "[11AB. Interest on delayed payment of duty (1) Where any duty of excise has not been levied or paid or has been short-levied or short paid or erroneously refunded by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of duty, the person liable to pay duty as determined under sub-section (2) of section 11A shall, in addition to the duty, be liable to pay interest as such rate not below ten per cent and not exceeding thirty per cent per annum, as is for the time being fixed by the Board, from the first d....