2024 (12) TMI 597

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....ER (JUDICIAL) AND HON'BLE MR. C L MAHAR, MEMBER (TECHNICAL) APPEARANCE: For the Applicant: Shri Shailesh P Sheth, Advocate appeared. For the Respondent: Shri Rajesh K Agarwal, Superintendent (AR) appeared. RAMESH NAIR Shri Shailesh P Sheth, appearing on behalf of the applicant in support of his ROM application submits that the appellant have made a detailed submission and ground on ....

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....C). 2. Shri Rajesh K Agarwal, Learned Superintendent (AR) appearing on behalf of the Revenue, supports the order. He submits that this Tribunal has consciously ordered for payment of interest. Therefore, the order does not suffer from any error apparent on record. 3. We have carefully considered the submissions made by both the sides and perused the records. We find that this Tribunal in par....

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.... exempted goods is very well on record and known to the department. Accordingly, there is no suppression of fact on the part of the appellant. Hence, the entire demand is prima-facie time bar. However, the appellant have admittedly paid the amount of Rs. 60,15,116/- and they are only contesting the penalty. Taking into consideration, the entire facts and circumstances of the case we are of the vie....

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....he payment of Cenvat Credit of Rs. 60,15,116/- paid under Rule 6 (3) of Cenvat Credit Rules, 2004, the said payment was mentioned, however it is clear that the entire case was time barred and for this reason only, the entire penalty was also set aside. Once, the demand itself is hit by time bar, consequential interest is also not payable. Therefore, we agree with the submission of Learned Counsel ....