80. The reliance was placed by the Learned Appellants on
Singh Brothers vs. Commissioner of Customs & Central Excise,
Indore, [2009 (14) STR 552 (Tri. -Del.)] to argue that the
issue relates to interpretation of complex entries of
notifications and is purely legal in nature and therefore, the
41
extended period of limitation cannot be invoked.
80. The reliance was placed by the Learned Appellants on
Singh Brothers vs. Commissioner of Customs & Central Excise,
Indore, [2009 (14) STR 552 (Tri. -Del.)] to argue that the
issue relates to interpretation of complex entries of
notifications and is purely legal in nature and therefore, the
41
extended period of limitation cannot be invoked.
80. The reliance was placed by the Learned Appellants on
Singh Brothers vs. Commissioner of Customs & Central Excise,
Indore, [2009 (14) STR 552 (Tri. -Del.)] to argue that the
issue relates to interpretation of complex entries of
notifications and is purely legal in nature and therefore, the
41
extended period of limitation cannot be invoked.
80. The reliance was placed by the Learned Appellants on
Singh Brothers vs. Commissioner of Customs & Central Excise,
Indore, [2009 (14) STR 552 (Tri. -Del.)] to argue that the
issue relates to interpretation of complex entries of
notifications and is purely legal in nature and therefore, the
41
extended period of limitation cannot be invoked.
A lot of technical points were
urged regarding the difference between ARB and ADB, gross
calorific value, calorific value etc. but the main point as to
whether the load port report or the appellants test report was
in accordance with bituminous coal or not was not
mentioned.'
to contend that, with the distinguishment of facts therein from that of
the appellant, the findings would not also apply to them. It was also
pointed out that the Bangalore bench had, and at the stage of disposal
of application for stay, in Maheshwari Brothers & others v.
Commissioner of Central Excise & Service Tax 3 found itself unable to
arrive at the same categorical conclusion and deemed it appropriate to
remand the matter back for fresh proceedings.