2020 (2) TMI 395

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....:P.VENKATA SUBBA RAO This appeal is filed against order-in-appeal No. GUN-excus-000-APP-048-19-20 dated 29.07.2019. Heard both sides and perused the records. Learned counsel for the appellant submits that the issue in dispute in the present appeal is the demand of interest on an amount of Rs. 14,06,621/- confirmed by the Tribunal by Final Order No. 30457-30458/2016 dated 18.05.2016 by taking CENV....

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....t confirmed by the Tribunal. The amount calculated was Rs. 9,38,814/- for the period November 2008 to 31st January 2013. The total amount so calculated amounted to Rs. 9,38,814/-. He would submit that the calculation of interest was made in terms of Rule 14 of CENVAT Credit Rules 2004. In this Rule there was an amendment made with effect from 17th March 2012. By CENVAT Credit (3rd amendment) Rule ....

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....ary 2013. This contention was not agreed to and the interest was confirmed as above by the original authority and upheld by the first appellate authority in the impugned order. 2. The first appellate authority had, in his order, held that interest was calculated in pursuance of the order of CESTAT and therefore it cannot be modified. If the appellant had any grievance against the order of CESTAT,....

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....e interest should be calculated up to 31st January 2013. There is also no indication in the order that the interest should be calculated only up to 16th March 2012. A plain reading of this order, therefore, shows that it was left to the lower authority to calculate interest as applicable under the Law. 5. I, therefore, find that the interest must be calculated as per law i.e. up to 16th March 201....