TaxTMI 
TaxTMI 
2017 (2) TMI 614
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....s confirmed alongwith penalty. Later, they filed an appeal along with stay application before this Tribunal; and while disposing their stay application, they were directed to deposit Rs. 50.00 Lakhs, as condition to hear their appeal, which the appellant deposited on 23.01.2006. Later, this Tribunal finally decided their appeal on 29.06.2012 reducing the demand to Rs. 9,88,236/- with interest and equal amount of penalty, and the benefit to discharge 25% of the penalty was a allowed to them subject to fulfilment of the condition of payment of the entire duty and interest. Pursuant to the said order, the appellant was directed by the Superintendent Central Excise vide letter dt.27.08.2012 to deposit the confirmed amount alongwith interest and....
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....nefit of payment of 25% of penalty imposed was not extended to the appellant, even though more than the confirmed duty liability and interest was available with the department as on the date of the order of the Tribunal. He submits that against the demand of Rs. 2.67 Crores, while disposing their stay application under Section 35F of CEA, 1944, the Tribunal directed to deposit an amount of Rs. 50.00 Lakhs and waived the balance amount, pending disposal of the appeal. It is his contention that the amount of Rs. 9,88,236/- confirmed by the Tribunal against the said demand should be considered as reversal/payment of the outstanding duty on 23.01.2006 for the purpose of calculation of interest from the date of default in payment of duty/reversa....
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....scharge 25% of the penalty be extended to the appellant considering adjustment of interest from the pre-deposit amount. The Revenue has confirmed the interest as Rs. 14,64,206/-, that is, from the date of default till reversal/payment of Rs. 9,88,236/-, pursuant to the Tribunal's Order. Whereas the appellant claimed that interest payable is Rs. 6,11,433/-, from the default date till the date of pre deposit of Rs. 50.00 lakhs i.e. 23.01.2006. The argument of the Revenue is that the amount paid on 23.01.2006 be considered as a deposit and not discharge of their duty liability, which in my opinion, does not rest on a sound legal basis. The right to file appeal, as held in a series of cases, is not unfettered one, but subject to conditions. The....