2014 (10) TMI 340

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....R Chandrasekharan: 1. The appeal and stay petition are directed against order-in-appeal No. EXCUS-000-APP-303-13-14 dated 29/10/2013 passed by the Commissioner of Central Excise (Appeals), Nashik. 2. Vide the impugned order, the learned lower appellate authority has upheld the confirmation of interest liability to the extent of Rs. 13,71,409/- on the delay in payment of duty during the perio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sent case, the appellant has made good the short paid duty before the finalization of assessment and therefore, there will not be any liability to pay interest under sub-rule (4) of Rule 7. Reliance is placed on the decision of the Tribunal in the case of CCE, Nagpur Vs. Ispat Industries Ltd. - 2010 (259) ELT 662 (Bom). It is also contended that in appellant's own case, this Tribunal vide stay....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....C.) , and of the Hon'ble High Court of Karnataka in the case of J.K. Industries Ltd. -2011 (268) E.L.T. 168 (Kar.) were not brought to the notice of the Hon'ble High Court. IN all these decisions, it has been clearly laid down that once there is a delay in payment of duty, liability to pay interest will automatically arise irrespective of when the short payment is made good, that is, befor....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e to the conclusion that liability to pay interest would accrue, even in the case of provisional assessment where the short payment of duty was made good before the final assessment order was issued. As regards the reliance placed on the Single Member decision dated 10/03/2004, the Division Bench decision in the case of CEAT Ltd. case was not brought to the notice of the Single Member Bench. In th....