2013 (1) TMI 172

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....Chacko: This application filed by the applicant seeks waiver of pre-deposit and stay of recovery in respect of an amount of Rs.4,61,711/- demanded as interest on differential duty paid on goods cleared during 2008-09. These goods were cleared to a sister concern for captive consumption. The assessee had paid duty on these goods on the basis of provisional CAS-4 certificate issued by their Cost ....

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.... appellant has a prima facie case for waiver and stay. The learned consultant has also relied on the Hon'ble High Court's judgment dated 5.4.2011 in the case of Commissioner vs. M/s. Bill Forge Pvt. Ltd.. Per contra, it is submitted by the learned Superintendent (AR) that the Hon'ble High Court's decision cited by the learned consultant is on a different issue and hence cannot be followed. It is f....

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.... Vs. Presscom Products: 2011 (268) E.L.T. 344 (Kar.). 3. In his rejoinder, the learned consultant submits that the appellant always had excess CENVAT credit in their account and therefore any intent to evade interest on differential duty cannot be attributed to them. It is submitted that, had the appellant paid full duty on the goods at the time of its clearance itself, they would have utilized....

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....onal assessment of the goods. On the facts of this case, the appellant ought to have resorted to provisional assessment under Rule 7 of the Central Excise Rules, 2002. Had they done so, they would have paid differential duty only with interest under Section 11AB of the Act as required by Rule 7. This is a situation which could have come true in the case of the appellant. Prima facie, they did not ....