2012 (3) TMI 359

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....he Appellant. Shri B. Bhushan, DR, for the Respondent. ORDER The prayer in the stay petition is to dispense with the condition of pre-deposit of interest of Rs. 17,03,012/- which stands confirmed against the appellant in respect of Cenvat credit reversed by them to the tune of Rs. 75 lakhs approx. The said confirmation of interest stands assailed by the appellants on the point of limitati....

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....d be equally applicable to the demand of interest. He also draws our attention to the Tribunal's decision in the case of CCE, Madras v. TVS Whirlpool [1996 (86) E.L.T. 144 (Tri.)] which stands confirmed by the Hon'ble Supreme Court when the appeal filed by the Revenue was rejected, as reported in 2000 (119) E.L.T. A177 (S.C.). 3. On the other hand, learned Jt. CDR appearing for the Revenue draw....

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....pendix to the principal, is required to be automatically paid by the assessee. 5. Learned Jt. CDR specifically draws attention to the finding in the case of Abhinav Industries as reported in [2010-TIOL-1843-CESTAT-Delhi], wherein it stands observed that use of word 'shall' and 'be liable' appearing in the relevant section indicate absence of option and chargeable to interest in all cases is man....