2018 (7) TMI 1948

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....Nos.70/77 dated 07.05.77 (Upto 15.03.1995) and 64/95 dated 16.03.1995. As per Notification Nos.70/77, all excisable goods (other than Cigarettes) supplied as stores for consumption on board a vessel of the Indian Navy are exempted from whole of the duty leviable thereon. Show-cause notice dated 23.02.98 was issued for the period from 01.03.94 to 31.01.96 alleging short payment of Central Excise duty to the tune of Rs. 1,25,094/-. The Adjudicating authority confirmed the demand and denied the benefit of the exemption Notifications and also imposed a penalty of Rs. 2.00 lakhs in terms of Rule 173Q of the Central Excise Rules, 1944 read with Section 11AC of the Central Excise Act, 1944. On appeal, the ld.Commissioner (Appeals), upheld the adju....

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....volved is interpretation of Notification. 5. On perusal of records, we do not find any element of suppression of facts, mis-statement etc. with an intent to evade payment of duty. We find that the issue is no more res-integra in view of the decision of the Tribunal in the case of Asian Paints (I) Ltd. Vs. CCEx, Mumbai III reported in 2013 (289) ELT 338 (Tri.-Mumbai). For better appreciation, the relevant paragraphs are reproduced below : "20.Following difference of opinion be placed before the Hon'ble President for consideration :- (a) Whether in the facts and circumstances of the case, extended period of limitation is invocable as held by the Member (Technical), consequently upholding the impugned order; or (b....