2015 (10) TMI 666

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....ioner : Mr. Jagmohan Bansal, Advocate For the Respondent : Mr. Sukhdev Sharma, Advocate ORDER Ajay Kumar Mittal, J. 1. This appeal has been preferred by the assessee under Section 35G of the Central Excise Act, 1944 (in short, "the Act") against the order dated 26.8.2011, Annexure A.5 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi, (in short, "the Tribunal"....

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....aff found that during October 1992 to March 1996, the appellant wrongly availed Modvat credit amounting to Rs. 10,55,833/-. A show cause notice dated 29.9.1997 was issued to the appellant. The adjudicating authority vide order dated 28.4.1998 confirmed the demand of Modvat credit of Rs. 10,55,833/- and imposed equal amount of penalty under Rule 57 I(4) read with Rule 173Q (bb) of the Central Excis....

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.... dismissed. On 29.12.2009, the appellant filed appeal before the Tribunal on the ground that the demand of interest was barred by limitation. Vide order dated 26.8.2011, Annexure A.5 impugned herein, the Tribunal dismissed the appeal. Hence the present appeal by the appellant. 3. We have heard learned counsel for the parties and perused the record. 4. Learned counsel for the appellant submit....

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....the period of limitation for interest on the delayed payment for the period from 2002-03 to 2005-06. Division bench of Delhi High Court in the case of Kwality Ice Cream Company and another v. Union of India and others, W.P.(C) 14414- 15/2006 decided on 18.1.2012 has also held that period of limitation unless otherwise stipulated by the statute, which applies to a claim for the principal amount sho....