M/S. LARSEN & TOUBRO LTD. vs. COMMNR. OF CENTRAL EXCISE, PUNE-II
The appeal is allowed
C.A. No.-002990-002990 - 2006Supreme Court02 May 2007
Bench: Us. The Appellant Is A Company Incorporated Under The Companies Act. It Undertook A Contract For Construction Of Bridges For M/S. Konkan Railway Corporation Ltd. (’Konkan Railway’, For Short), Which Is A Public Sector Undertaking. Appellant Manufactured Pre Stressed Concrete Girders (Psc Girders). It Used To Transport Them To The Site Of Construction Of Bridges Of The Railways. It Did Not Register Itself With The Authorities Of The Central Excise. 2. Alleging That The Appellant, For The Period March 1993 & December 1994, Although Was Involved In The Manufacturing Activity, By Undertaking Manufacture Of 75 Psc Girders, But Did Not Pay Any Excise Duty Thereupon. 3. A Notice Was Issued To The Appellant Directing It To Show Cause As To Why Central Excise Duty To The Tune Of Rs.32,35,575/- Should Not Be Demanded & Recovered From Them In Terms Of The Proviso Appended To Rule 49(1) Of The Central Excise Rules, 1944 (Rules) Read With Section 11A Of The Central Excise & Salt Act, 1944 (Act) & As To Why Penalty Should Not Be Imposed On Them & The Plant & Machinery & The Manufactured Goods Should Not Be Confiscated. Cause Was Shown By The Appellant Inter Alia Stating That No Excise Duty Was Payable. The Said Notice Was Withdrawn Stating: "The Said Show Cause Notice Has Been Issued Without Obtaining Approval Of The Proper Authority Or By The Proper Officer. Accordingly, Show Cause Notice Dated 27.1.94 Hereby Withdrawn.
For Respondent: The Commissioner of Central Excise, Pune-II
Section 11A
1) of the Central Excise Rules, 1944 (Rules) read with Section
11A of the Central Excise and Salt Act, 1944 (Act) and as to why penalty
should not be imposed on them and the plant & machinery and the
manufactured goods should not be confiscated. Cause was shown by the
appellant inter alia stating that no excise duty was payable