(A.K. Sikri and Rohinton Fali Nariman, JJ.)
Commnr. of Central Excise, Chandigarh ______ Appellant
v.
M/s. Oswal Yarns Ltd. _____________________ Respondent
Civil Appeal No. 2840 of 2005, decided on May 8, 2015
With
Civil Appeal No. 8528 of 2003
The Order of the court was delivered by
Order
After going through the order of the tribunal we find that the Tribunal has come to the right conclusion that the goods in question, viz., manufacturing yarn out of synthetic waste, rags, silk waste and wool waste are subject to levy of excise duty under entry 5509.90. We are also of the view that the extended period of limitation was rightly invoked. Therefore, we do not find any merit in the appeal preferred by the assessee.
Tribunal has reduced the amount of demand of Rs. 26,35,780/- as contained in the order of the Commissioner to Rs. 7,28,540/- on the ground that the period prior to 26.5.1995 could not be taken into consideration. The Tribunal has given valid reasons for this conclusion. Thus, the appeal of the Revenue also, challenging this part of the order, is dismissed.
Accordingly, both the appeals are dismissed.
———
