2003 (1) TMI 473

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....i C. Mani, JDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. -  After examining the records and hearing both the sides, we find that the appeal itself could be finally disposed of at this stage. Accordingly, we allow the present application and proceed to deal with the appeal. 2. The appeal is against the order of the Commissioner of Central Excise levying interest....

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....ment made in respect of the second fortnight of December, 1998. They ought to have paid the duty for that fortnight on or before 31-12-98 as per the provisions of Rule 96ZP(3) ibid. But they paid the duty on 2-1-1999 only. The reason for this delay, as put forwarded by the appellants before the adjudicating authority and accepted by that authority, was that the last day of December, 1998 and the f....

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....here was a measure of discretion under Rule 96ZP(3) in so far as the power of the Commissioner to impose penalty was concerned, but that discretion was not reasonably exercised in the facts and circumstances of the case. Ld. Counsel fairly submits that, in the interest of speedy conclusion of the litigation, the appellants are willing to pay the interest as confirmed in the impugned order. His pra....