2018 (7) TMI 1197

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....ate & Ms. Mallika Joshi, Advocate, for Appellant Shri Mohd. Altaf, Assistant Commissioner (AR), for Respondent ORDER Per: Anil G. Shakkarwar The present appeal is directed against Order-in-Original No. 06/Commr./MRT-I/2008 dated 25/02/2008 passed by Commissioner of Customs & Central Excise, Meerut-I. 2. The brief facts of the case are that the appellants were engaged in the manufact....

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....utstanding duty of Excise (BED) amounting to Rs. 2,18,29,237.50/- deposited by them on 31/03/2003 from the accumulated credit of AED (GSI) be not recovered from them under Rule 12 of Cenvat Credit Rules, 2002 read with Section 11A of the Central Excise Act, 1944 and interest be not charged on the said amount under Rule 12 ibid read with Section 11AB of the Central Excise Act, 1944, from the date w....

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....g aggrieved by the said order of the learned Original Authority, appellant is before this Tribunal. 3. Heard the ld. Counsel for the appellant. He has submitted that the Show Cause Notice has invoked provision of Rule 12 of Cenvat Credit Rules, 2002 read with Section 11AB of the Central Excise Act, 1944 for recovery of interest. He has submitted that said Rule 12 read as follows:- "where the Ce....

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.... reported at 2000 (119) E.L.T. A177 (S.C.) has held that it is reasonable that the period of limitation that applies to a claim for principle amount should also apply to the claim for interest thereon. He has submitted that normal period for demand of duty in the present case expired on 05/08/2002, whereas Show Cause Notice was issued on 01/04/2004 beyond the normal period of limitation and for th....