LAKSHMI PLASTICS Vs. COMMISSIONER OF CENTRAL EXCISE, GUNTUR

JUDGEMENT

(1.) THIS stay application is filed by the applicants for waiver of pre -deposit of duty amounting to Rs. 14,36,000/ - and penalty of Rs. 5,00,000/ - under Rules 9(2), 173Q and 226 of Central Excise Rules, 1944; and stay of the recovery proceedings.

(2.) HEARD both sides.

(3.) SHRI C. Sarabheswara Rao, learned Consultant, in support of the stay petition, submitted that since the notice has been issued by the Additional Commissioner during the disputed period, he was not empowered to issue invoking larger period of limitation in view of the wordings of the Section 11A(1). The Counsel also relied upon the decision of the Supreme Court in the case of Collector of Central Excise, Indore v. Oil and Natural Gas Commission reported in 1998 (103) E.L.T. 3 (S.C.) as well as decision of the Tribunal in the case of Precitex Industries Ltd. v. CCE, Indore reported in 2003 (57) RLT 206 (CEGAT -Mum.).