2004 (12) TMI 7

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.... 388,213.00 15-8-97 2-9-97 18 3,381.21   160,960.00 15-8-97 19-11-97 96 7,599.42 Aug'97 184,553.00 15-9-97 18-9-97 3 276.83   149,341.00 15-9-97 19-11-97 65 4,800.25 Sept'97 372,195.00 15-10-97 23-10-97 8 1,488.78 Oct'97 482,816.00 15-11-97 19-11-97 4 934.48 Nov'97 447,951.00 15-12-97 18-12-97 3 671.93 Dec'97 559,177.00 15-1-98 21-1-98 6 1,623.42 Jan'98 576,372.00 15-2-98 21-2-98 6 1,673.34 Mar'98 1,054,413.00 15-4-98 184-98 3 1,530.60   TOTAL     A 23,980.26   According to the department, if any part of the delay....

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....y was of a part of a month only, interest could be charged for the period of delay alone and not for the full month. Referring to the Board's circular relied on in the impugned order, learned counsel has argued that this circular is not reliable to the extent it is contradictory to Section 75 of the Finance Act, 1994. In this connection, he has sought to draw support from the Supreme Court's ruling in Kalyani Packaging Industry v. U.O.I 2004 (168) E.L.T. 145 (S.C.), wherein it was held that a circular of the Board could not prevail over the law laid down by the Court. 3. Ld. SDR has also referred to the Board's circular dated 16-11-1998 relied on by the learned Commissioner (Appeals). She has made an endeavour to justify the impugned ord....