2010 (11) TMI 436

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.... the Petitioner. Shri S.A. Dharmadhikari, for the Respondent. [Order]. - Heard . 2. This petition is directed against an order dt. 6-7-2010 passed by the Customs, Excise and Service Tax Appellate Tribunal, Principal Bench, New Delhi in Case No. Central Excise Appeal E/1205/2009-EX[DB] by which the Tribunal declined to grant stay of demand of interest from the petitioner on account of....

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....an Railways. At the time when the equipments were manufactured and dispatched from the factory premises of the petitioner, the price of such equipments was not ascertained and on the basis of provisional price the excise duty was paid. Thus immediately when the price was ascertained/settled by the Indian Railways, immediately remaining excise duty on the aforesaid ascertained price was paid to the....

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.... date of demand, but, in the present case the excise duty was paid immediately after the ascertainment of the price by the Indian Railways. It is submitted that prima facie a case was made out before the Tribunal for grant of exemption of the amount of interest which was claimed by the department. 7. Shri S.A. Dharmadhikari, learned counsel appearing for the respondent opposed the aforesai....

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....emption from deposit of the amount of excise which is in fact an amount of interest payable on the excise duty for maintainability of the appeal before the Tribunal. 9. After hearing both the parties and considering the peculiar facts of the case, we find that prima facie a case has been made out by the petitioner for grant of stay in respect of recovery of interest from the petitioner on ....