Commissioner of Central Excise, Nagpur vs Larsen And Toubro Ltd.

Both these cross-appeals are filed by the Revenue as well as the assessee being aggrieved by the order of the CESTAT dated 23-7-2014.

The appeal before the CESTAT was filed by assessee challenging the order passed by the Commissioner of Central Excise, Nagpur thereby confirming the order passed by the Assessing Authority and demanding dues to the tune of Rs. 1,61,61,27,251/- and Rs. 6,37,544/- along with interest.

The learned CESTAT cursorily observed in Para 3.2 that the extended period of limitation is not invokable and, therefore, the goods are not liable for confiscation. The learned CESTAT also observed that the penalties in the present case are not warranted. While observing this, the learned CESTAT have also observed that the appellants have no case on merits.

The assessee is aggrieved with that part of the order wherein it is stated that the appellants have no case on merits whereas the Revenue is aggrieved with the findings of the learned CESTAT that the extended period of limitation was not invokable. We find that in the interest of justice both the appeals deserve to be allowed by remitting the matter back to the learned Members of the CESTAT for considering the issue afresh by considering the rival submissions on behalf of both the parties.

The appeals are, therefore, allowed. The matter is remanded to the learned Tribunal for deciding it afresh in accordance with the law after considering the rival submissions. The same shall be done within a period of three months from today. No order as to costs.