2011 (7) TMI 258

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....ent   JUDGEMENT   This is a Revenue's appeal against the order passed by the Customs, Excise and Service Tax Appellate Tribunal (hereinafter called as 'Tribunal' for brevity) which held that the confirmation of interest is bad and therefore, set aside the same.   2. A reading of the impugned order shows that the Tribunal has proceeded on the assumption that what is involved....

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....re issue of show cause notice, would not absolve the assessee from paying the tax.   4. Per contra, learned counsel for the assessee submitted that unfortunately that was not the question which was before the Tribunal and it has given relief to the assessee by following the aforesaid judgements which had no application to the facts of the case.   5. The case of the assessee is that....

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....herefore, the interest payable is compensatory in nature. In the instant case, there is no delay in payment of duty. The delay is in reversal of Cenvat credit. Consequently, the Revenue did not suffer any loss because from 9.7.2004 the products manufactured by the assessee were completely exempted from tax. Therefore, it is submitted that in those circumstance, the assessee contended that he is no....