2005 (7) TMI 406

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.... Appellant. Shri H.C. Verma, DR, for the Respondent. [Order per : P.S. Bajaj, Member (J)].-  Heard 2. Appellants have a strong case on merits as the issue involved in this appeal already stands covered in their favour by the Larger Bench decision of the Tribunal in the case of C.C.E., Gurgaon v. Machino Montell (I) Ltd. reported in 2004 (168) E.L.T. 466. Therefore, the stay a....

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....d of duty had been paid by an assessee before issuance of show cause notice neither penalty can be imposed under Section 11AC nor interest can be demanded under Section 11AB. This proposition of law has been followed by the Divisional South Zonal Bench of the Tribunal, Bangalore in Warner Lambert India Ltd. v. C.C.E., Bangalore reported in 2004 (174) E.L.T. 386. In the face of this well settled po....

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....terest, already deposited, is short and some more amount is required to be deposited by the appellants as detailed in the impugned order, cannot be legally sustained. The learned Commissioner has worked out the interest at a flat rate of 24% for the entire period (i.e. period of default till payment of duty). But the learned Counsel has produced a copy of the Notification No. 19/2002, dated 13-5-2....