- (1.) THIS appeal arises from OIA No. BR/70/Th -I/2004/33 dated 31 -12 -04 confirming OIO No. 47/VKV -36/Th I/2003 confirming short levy in respect of misroll. Appellants had classified the goods and had paid the duty. However the revenue has proceeded against them by issuance of show cause notice dated 22 -8 -02 invoking larger period for confirming duty for the period 1 -8 -07 to 31 -3 -2000 on the ground that they had mis -declared the goods and have not paid the correct amount. The appellants had taken the plea that the demands raised are barred by time. They submit that details were furnished to the department in 1998 itself. However, their plea was not accepted. Learned counsel points out to para 21 of the order wherein the Commissioner has noted that the assessee had not come forward despite letters written to them and they finally gave the details on 15 -1 -2000 admitting their mistake in classifying the product under heading 720790 while it should have been classified under 7214.90 of the CET.
(2.) LEARNED counsel submits that even in terms of the finding recorded in para 21 of the order all the details had been furnished on 15 -1 -2000 as required by the Department. Therefore, the show cause notice was issued after a lapse of 2 years on 22 -8 -02 and is clearly barred by time. Ld. DR reiterated the findings as given by lower authorities.
(3.) ON a careful consideration and perusal of the records we notice that appellants had furnished all the details on 12 -2 -98. However, the department wanted further details which was also furnished in terms of the findings recorded on 15 -1 -2000. Department has not initiated action within the period of limitation. They slept over the matter and issued show cause notice on 22 -8 -02 for recovery of short levy. In terms of the records, all the information had been furnished. There was no suppression of facts. Hence, the demand is hit by time bar. The impugned order is set aside and appeal allowed with consequential relief if any.;