2012 (8) TMI 755

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....he Appellant. Shri K.S. Ravishankar, Advocate, for the Respondent. [Judgment per : N. Kumar, J.]. -  This appeal is by the revenue challenging the order passed by the Tribunal [2008 (227) E.L.T. 448 (Tribunal)] which held that the payment of interest is not justified and thus set aside the order passed by the original authority as well as the appellate authority. 2. The asses....

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....s. 3,64,576/- on the ground that they have paid duty liability voluntarily before issue of show cause notice and hence they are not liable pay interest on the said duty. The assessee was not eligible for refund of the interest amount. Therefore a show cause notice dated 17-11-2005 was issued to the assessee directing him to show cause as to why the refund claim of interest should not be rejected. ....

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....al Excise Act, 1944, the payment of interest is very much in conformity with the provisions of law. Therefore they upheld the order of the assessing authority and dismissed the appeal. Aggrieved by the same, the asessee preferred an appeal to the Tribunal. The Tribunal found that even though the assessee had taken the credit they never utilized the same. When the irregularity was pointed out the c....

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.... pointed out the lapse and therefore it held that the payment of interest is not justifiable. Thus, it set aside the order passed by the authority and allowed the appeal. Aggrieved by the said order, the revenue is in appeal. 3. This appeal was admitted on 13-3-2009 to consider the following substantial question of law : "(i)   Whether the Tribunal was correct in interpreting ....