2014 (2) TMI 214

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y, hence no interest is payable"?    2. Whether the Ld. CESTAT's present order is valid and legally sustainable when the Show Cause Notice proposes recovery of fraudulently availed credit which was utilized for discharging duty liability?    3. Whether the utilized amount sought for recovery under Rule 9(2) read with Section 11A of Central Excise Act, 1944 is not considered as duty for the purpose of levy of interest?    4. Whether the Hon'ble Supreme Court's decision and the decision of Madras High Court which have been relied upon by the Ld. CESTAT, Eastern Bench, Kolkata are appreciable to the instant case?    5. Whether the interest component as envisaged under 11AA or 11AB of the Central Exci....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....counsel for the parties. 6. Learned counsel for the revenue submits that though six questions have been proposed, there are two questions for consideration- question of minimum penalty and leviability of interest for the period prior to the orders of Hon'ble Supreme Court in the above judgment. 7. With reference to the question of interest, it is submitted that interest liability could not be set aside and the same is to be calculated from the date the amount is due and not from the date of order of the Supreme Court. 8. The Tribunal has held as follows:    "............In view of the Hon'ble Supreme Court's judgment and followed by the Bangalore's CEGAT order in the case of M/s. Agni Steels Ltd. & Anr. Vs. CCEx., Calicut repo....