2012 (4) TMI 137

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....sp; This application filed by the appellant seeks waiver and stay in respect of an amount of penalty of Rs.50,000/- imposed on them under Rule 25 of the Central Excise Rules, 2002. The learned consultant for the appellant prays for final disposal of the appeal itself. Having regard to the nature of the issue involved in this case, I am inclined to accede to this request. Accordingly, after disp....

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....t and raised objections, but the appellant did not pay interest at that stage either. It was after receipt of show-cause notice dated 21.1.2010 that they paid-up the interest, which took place in March 2010. The adjudicating authority noted this fact and appropriated the payment towards the demand raised under Section 11AB of the Central Excise Act. It also imposed a penalty of Rs.50,000/- on the ....

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....Commissioner vs. Machino Basell India Ltd. 2011 (273) E.L.T. 53 (P&H). Per contra, the learned Superintendent (AR) submits that the interest liability arises automatically and, therefore, the appellant ought to have paid interest also along with the differential duty. It is submitted that they wanted to evade payment of interest, which is evident from the fact that they did not chose to pay intere....