2002 (11) TMI 120

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....rlinge, the learned Counsel for the petitioner-company which is an assessee under the Central Excise Act of 1944. It is engaged in the manufacture of M.S. Round Bars/CID/flats falling under Chapter 72 of the Central Excise Tariff Act, 1985. A show cause notice was issued on 1st of March, 1998 alleging that while the assessee had accounted for a quantity of 1168.465 MT and 554.540 MT 1995-96 during....

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....ly allowed inasmuch as while confirming the recovery of deficit excise duty payment the Tribunal held that imposition of penalty by invoking section the said provision was incorporated in the statute book only on 28th September, 1996. Hence, this petition by the assessee. 2. Shri Barlinge raised mainly two points in support of his challenge to the order passed by the Tribunal (i) that the show ....

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.... five years and the subject show cause notice was certainly within this period. 4. On the second point of production capacity, it is noticed that the capacity of 1051 MT was determined by the Commissioner after introduction of Section 81 by the Finance Act, 1997 and, therefore, the same could not be relevant or relied upon for the period of 1994-95 and 1995-96. We do not find any error committe....