2007 (8) TMI 590

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.... Advocate, for the Respondent. [Order]. - These four applications have been filed by the Revenue for stay of operation of the Order-in-Appeal No. 15/2007 TTN (CUS) dated 26-3-07 passed by the Commissioner of Customs and Central Excise (Appeals), Trichy. After hearing both sides on the applications, the appeals are taken up for final disposal. 2. These appeals have been filed by the R....

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....not payable, interest also was not payable. He relied on.the case of Pratibha Processors v. UOI reported in 1996 (88) E.L.T. 12 (S.C.), wherein the Apex Court had decided that if no tax was payable no interest was payable. 3. The revenue has challenged the impugned order on the basis that DEPB scrip was only a mode of payment of duty. This was evident from the fact that Cenvat credit was a....

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....furnished another Circular No. 18/2006-Cus dated 5-6-2006 issued by the CBEC which clarifies that CVD debited in DEPB scrip was admissible as Cenvat credit. According to the departmental representative, these clarifications fortified the plea of the revenue to the effect that clearances under DEPB scheme involved payment of duty using DEPB scrip and therefore interest was liable to be paid for del....

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....to pay interest. The same view was taken by this Tribunal in the following decisions: 1.      Magnetix India Ltd. v. CC, Bhubaneswar,  2001 (131) E.L.T. 444 (Tri.- Kolkata) 2.      CC, Tuticorin v. St. John Marketers Pvt. Ltd. & Anr, 2007 (216) E.L.T. 428 (Tribunal) = 2007 (81) R.L.T. 777 (CESTAT-Che.) 6. I have carefully conside....