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2016 (9) TMI 281

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....nt. ShriRK Maji, Asst. Comm. (AR) for the Respondent. ORDER: 1. The appellant, M/s.Navjeevan Synthetics Pvt. Ltd., were manufacturing pile fabrics falling under Chapter 58 of CETA, 1985, which was chargeable to Cenvat duty and the Additional Duty of Excise (Goods of Special Importance). For the manufacture of pile fabrics they were using as input, the yarn falling under Chapter 54 & 55 on....

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.... are before this Tribunal. 2. The appellant paid the said amount from their regular Cenvat credit account. However, did not discharge the liability of interest. 3. The learned Counsel for the appellants argued that no interest can be demanded unless there is a demand of duty. He argued that in the instant case they had paid the amount wrongly utilized, immediately when it was pointed out and....

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....has paid the duty under sub-section 2(B), of section 11A, shall, in addition to the duty, be liable to pay interest at such rate not below 3[ten per cent.] and not exceeding thirty-six per cent. per annum, as is for the time being fixed by the Central Government, by notification in the Official Gazette, from the first date of the month succeeding the month in which the duty ought to have been paid....