2007 (1) TMI 186

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....f width exceeding 30 cm. were, classifiable under Heading 6002.30 or under 6002.92". According to the revenue the same is classifiable under heading 6002.30 but the Tribunal by its order has decided the issue against the revenue and in favour of the assessee. Revenue involved in the instant case is Rs. 1.46 crores. 3. M/s. Jersy India Ltd., hereinafter referred to as the 'assessee', was enaged in the manufacturing of knitted fabrics of cotton and other knitted fabrics containing elastomeric yarn falling under Chapter 60 of the Schedule the Central Excise Tariff Act, 1985 (hereinafter referred to as the 'Tariff Act, 1985') and had been processing of such knitted fabrics since September, 1994 without obtaining Central Excise Registration C....

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.... rate of Central Excise Duty leviable thereon; (3) SSI benefit for the applicable period as stated above or grey/unprocessed fabrics of cotton containing elastomeric yarn of a width exceeding 30 cm. should not be denied for the contravention and reasons as stated above, and Central Excise duty should not be recovered/penalty levied amounting to Rs. 60,18,712/- and Rs. 12,68,206/-." 6. Extended period of limited under Section 11A of the Central Excise Act, 1944, hereinafter referred to as 'the Act', was invoked. 7. The assessing authority after going through the relevant record confirmed the demand duty of Rs. 60,18,712.00 and Rs. 12,68,206.00. Equivalent penalty of Rs. 60,18,712.00 and Rs. 12,68,206.00 was imposed under the provisi....