(1) THE present appeal is directed against an order dated 2/9/1983 passed by Customs Excise and Gold (Control) Appellate tribunal (hereinafter referred to as "the tribunal") which confirmed the orders of the Assistant Collector and the appellate authority.

(2) THE counsel for the appellant has raised two main contentions- (1 that the notice issued by the respondent was beyond the period of six months hence barred by time and on the facts of the present case, the proviso to S. II-A of the Act would not be applicable and hence this period cannot be extended to five years and (2 that the stock in question was pre-budget stock, the assessment on the same was illegal and not sustainable.

(3) THE brief facts are that the notice was issued to the appellant-company on 2 5/06/1979 by the Superintendent of central Excise Madras-IV Division to show cause why the penalty should not be imposed upon them under Rules 9(2 and 173 of the central Excise Rules, 1944 and why a duty of Rs. 1,01,915.84 paise should not be demanded under Rule 10 of the central Excise Rules, 1944.

(4) THE notice indicated that the appellant- company having sold the transformer oil under invoic