2013 (12) TMI 393

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....ent : Shri B B Sharma, AR PER : Sahab Singh These are two appeals filed by M/s Federal Mogul Goetze (India) Ltd. (hereinafter referred to as appellants) against Order in Appeal No. 176/CE/APPL/CHD-II/2010 dated 21.04.2010 and 40/CE/APPL/CHD-II/2009 dated 09.10.2009. 2. Brief facts of the case are that the appellant are engaged in the manufacture of IC Engine parts falling under Chapter 84....

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..... On the basis of this demand of interest on Rs. 10,65,220/- amounting to Rs. 4,64,800/- and demand of interest on 16,92,959/- amounting to Rs. 9,37,338/- was issued to the appellants. These Show Cause Notices were confirmed by the adjudicating authority against the appellants. Appellants preferred appeal before Commissioner Central Excise (Appeal) who confirmed the interest amount demanded in the....

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....ces were issued to them after expiry of time limitation of 1 year, the entire demands are of time barred. 4. Ld. DR appearing for the Revenue relies on the decision of Supreme Court in case of M/s International Auto Limited in which it was held by Apex Court that interest is required to be paid in case of duty has been paid on supplementary invoices from the date of clearance of the goods. The ....

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....ficient balance in the Cenvat Account maintained by the appellant. In pursuance of the remand order, the Assistant Commissioner held that there is no balance amounting to Rs. 7,52,857/- in the Cenvat Account and he demanded the interest amounting to Rs. 4,64,800/- from the appellants. I find that if there is no sufficient balance in the Cenvat Account, appellants are required to pay interest in ac....