2012 (11) TMI 909

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.... of Excise, for the Appellant. S/Shri Mahesh Sharma, Head-Legal & Excise, Joseph Vellappaly, Joseph Kodianthara, SRs, V. Abraham Markos, Terry V. James, Mathew S. K. Uthuppachan, Binu Mathew, B.J. John Prakash and Tom Thomas (Kakkuzhiyil), for the Respondent. [Judgment per : C.N. Ramachandran Nair, J.]. - The short question arising in the connected Writ Appeals, one filed by the assessee ....

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....default is automatic under Section 11AA as well as under Section 75 referred to above and that way the Sections are only declaration of law. At the same time what we notice is that the interest liability is declared on the default amount and that too for the period of default. It is further stated in the Sections that in the event of modification of demand by way of reduction or enhancement intere....

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....of payment of duty through belated adjustment of credit available at the time of raising the demand. Even if the assessee's contention is accepted in principle by the adjudicating officer, then the question will arise as to whether duty credit was available during the whole period of default to offset the entire demand because otherwise interest will be payable for the differential amount, that is....