COMMISSIONER OF C. EX. Vs. BEMCEE LTD.

JUDGEMENT

(1.) M /s. BEMCEE Ltd. were engaged in the activity of slitting/shearing steel coils. Subsequent to seizure of some slit coils cleared without payment of duty, show cause notice were issued under the belief that such activity amounted to manufacture and attracted further duty. After hearing the concerned persons the Commissioner passed order. His findings on excisability were as follows :

(2.) IN holding this he followed the ratio of an earlier Order -in -Appeal Nos. PCJ/131 to 132/B.III/94, dated 17 -3 -94. For part of the demand he held the notices as barred by limitation. On other miscellaneous arguments of the assessees as to the quantification of duty he had certain inquiries made and reduced the quantum of duty short levied. Finally, he confirmed the duty amounting to Rs. 21,39,034.99. He imposed the penalty of Rs. 20 lakhs on M/s. BEMCEE. He directed release of the confiscated goods as well as the truck.

(3.) THE case for the assessees was argued by Shri V. Sridharan appearing along with Shri R. Nambirajan and Shri Anil Balani, Advocate Revenue was represented by Shri S.V. Parulekar, DR.