2018 (12) TMI 1418

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.... had observed in its report dated 23.12.2013 that appellant had effected clearance of excisable goods of the above referred value without payment of excise duty. It was put to show-cause vide notice dated 23.12.2014 for recovery of duty along with interest and penalty culminated in passing of the OIO and OIA confirming duty liability, interest and penalty at the rate of 50% under Section 11AC sub-clause (c) proviso. 3. In the memo of appeal and during course of hearing of appeal, ld. Counsel Shri Shankar S. Patil for the appellant argued that due to deep financial crisis appellant could not pay the duty at the time of clearance but reflected those in its statutory monthly returns. In filing the GAR-7 challans and referring to para 8 of the....

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....t for which he sought for no interference by the appellate Tribunal. 5. Heard from both sides and gone through the case records as well as judicial decision submitted by the both parties. It is found even from the show-cause notice that assessee has discharged the duty liability much before the issue of show-cause notice and GAR detail challan, as found from the page 103 by the appeal memo, indicates that in the remark column the appellant had referred that remaining excise duty along with interest has been paid on 10.10.2013 while show-cause notice dates 23.12.2014. There can be two possibilities. First, the same has not been submitted before the adjudicating authority or second, he has not taken note of such payment of interest, as the s....