TaxTMI 
TaxTMI 
2011 (8) TMI 927
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....assed by the Commissioner (Appeals). By the impugned order, the lower appellate authority has dismissed the appeal filed by the appellants against the order dated 31-3-2009 by the adjudicating authority whereby the duty demand of Rs. 6,44,219/- for the month of November 2005 and Rs. 93,071/- for the month of December, 2005 was confirmed along with interest while giving credit to the differential duty of Rs. 82,52,824/- deposited on 9-6-2006. 2. The dispute essentially relates to the claim of the appellants for adjustment of the excess duty stated to have been paid for the period January 2006 to March 2006 towards short payment for the period from April 2005 and December 2005. 3. The second stay application No. 3144/2010 rela....
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....amshedpur Beverages reported in 2007 (214) E.L.T. 321, C.C.E., Vadodara v. Narmada Chematur Pharmaceuticals Ltd. reported in 2005 (179) E.L.T. 276, of the Tribunal in the matter of Mafatlal Industries Ltd. v. C.C.E., Daman reported 2009 (241) E.L.T. 153, Siddeshwar Textile Mills Pvt. Ltd. v. C.C.E., Pune-III reported in 2009 (248) E.L.T. 290, Excel Rubber Ltd. v. C.C.E., Hyderabad reported in 2010 (261) E.L.T. 439, Bimetal Bearings Ltd. v. C.C.E., Chennai reported in 2008 (232) E.L.T. 790 (Tri. - LB) = 2010 (18) S.T.R. 539 (Tri. - LB). 6. The contentions are disputed by the DR while contending that in the facts and circumstances of the case, the authorities below have taken correct view and reliance is placed in the decision in the ....
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....licable that itself does not amount to laying down the law. The decision of the Hon'ble Bombay High Court in Ispat Industries case, it was held thus - "Since differential duty was paid even before the final assessment as made, the Tribunal has held that the respondent assessee is not liable to pay interest. In our opinion, no fault can be found with the order of the Tribunal". Obviously therefore, the order is clearly based on the peculiar facts of the case without considering the scope of law of revenue neutrality. Besides, it is also to be noted that sub-rule (4) of Rule 7 of Central Excise Rules, 2002 clearly provides that "The assessee shall be liable to pay interest on any amount payable to Central Government consequent to order for fi....
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....ion to the interest payment, the assessee can avail the benefit of the principle of revenue neutrality even though the assessee chooses to pay duty in accordance with the provisions of law. 9. In Narmada Chematur Pharmaceuticals Ltd. case, it was merely observed that "It is stated by the learned counsel on behalf of the assessee that the excise duty paid and modvat credit availed of were identical. Therefore, the consequences of payment of excise duty after availing of modvat credit was revenue neutral". The records do not relate to the issue as to whether in case of late payment of duty irrespective of statutory provisions of law comprised under Rule 7 of the said Rules would result in revenue neutrality. 10. As far as the ....