2007 (6) TMI 385

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....one, for the Respondent. [Order]. - This is a case filed by the Revenue challenging the order of the Commissioner (Appeals) dated 28-10-2005. An intimation has been received from the respondent's side stating that their corporate office is located at Ludhiana and their advocate is stationed at Delhi. Therefore, adjournment is sought. As no valid ground is forthcoming, the request is rejected....

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....ms filed by them, which was finalized only on 18-3-2004. The learned Commissioner (Appeals) had accepted the plea of the respondents that there was a delay of sanction of refund in respect of months of July 2003 to November 2003 and that they were forced to avail the credit on their own starting from February 2004 onwards. The Revenue is whingeing that the party failed to discharge the duty liabil....

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....al Excise Rules, 2002 and Section 11 of the Central Excise Act, if the assessee fails to pay the amount of duty by the due date, he shall be liable to pay the outstanding amount alongwith interest at the rate of 2% per month or Rs. 1000/- per day whichever is higher for the period starting with the first day after due date till the date of actual payment. According to him, delay in finalization of....

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....tion envisaged in the said Notification. In other words, this mechanism has been adopted to "operationalise the exemption envisaged under the notification". Operationalising this mechanism of exemption has to necessarily take note of the procedure with regard to payment of duty and also refund of duty. As per this special mechanism, it is envisaged that the manufacturer shall submit a statement of....