HC
allows assessee’s appeal, sets aside CESTAT order which denied SSI exemption on
ground that turnover of manufactured electric furnace and heating elements
exceeded turnover limit prescribed under Notification No. 1/93; Accepts
assessee’s plea that aggregate value of clearance of manufactured products was
not correctly computed and that Revenue failed to discuss vital issues such as
whether bought out items were subjected to processes, and whether furnaces
transported to customers’ sites in CKD condition were goods or not; Also finds
that show cause notice invoking extended limitation period alleging fraud /
suppression by Jt. Commissioner was without authority absent approval from
Commissioner u/s 11A(1) of Central Excise Act; Remarks, despite ground of jurisdiction
being specifically raised by assessee, lower authorities including CESTAT
failed to discuss the same, which in fact goes to root of matter; Finds no
mention in CESTAT order as to how conclusion of suppression of material facts
had been arrived at, and in this context, states that a charge of suppression
is required to be levelled with specificity and conclusion of suppression can
be reached only when assessee is unable to rebut same : Madras HC
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