2017 (3) TMI 222

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.... Manager (Finance) for the Respondent ORDER Per: Shri P.K. Choudhary 1. Revenue has preferred this appeal against the impugned order wherein the Lower Appellate Authority had allowed the assessee's appeal by setting aside the Order-in-Original on the ground of time barred alone. 2. Shri Hemant Karnani, Assistant Manager (Finance) appearing on behalf of the respondent company submit....

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....horities have been set aside and the matter has been remanded back to the Adjudicating Authority for de-novo adjudication. A copy of the order has been filed along with the written submission and placed on record. 3. In view of the aforesaid order, the Additional Commissioner of Central Excise, Customs and Service Tax, BBSR-I, passed the de-novo order vide Order-in-Original No.Addl.Commr/BBSR-I....

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....riod. Therefore, Government in exercise of powers vested under Section 35EE of Central Excise Act, 1944 condone the delay in filing revision application. 8. Applicant Commissioner has contended that duty liability is not contested by the respondent and therefore interest on delayed payment is payable in terms of section 11AB and the time limitation prescribed under Section 11A of Central ....

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....t, per month or rupees one thousand per day, whichever is higher is held to be invalid. Consequently, interest chargeable on delayed payment had to be only at the rate of 2% per month or for the matter 24% per annum as notified by the State Government in terms of the Section 11AB, which is between the permissible limits in terms of Section 11AB. Consequently, the demand notices are quashed and int....