2003 (6) TMI 75

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.... 27-8-2002 passed by the Commissioner of Customs and Central Excise (Appeals), Cochin. 2. Shri G. Shivadas, learned Advocate appearing for the appellants submitted that the issue relates to levy of interest under Section 11AB of the Central Excise Act, 1944. He said that since there was no intention to evade payment of duty as there was considerable balance in the Modvat account so interest impos....

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....pression of facts, or contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of duty, the person liable to pay duty as determined under sub-section (2) of Section 11A shall, in addition to the duty, be liable to pay interest at such rate not below ten per cent and not exceeding thirty per cent per annum, as is for the time being fixed by the Bo....

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....e duty determined to be payable is increased or further increased by the Commissioner (Appeals), the Appellate Tribunal or, as the case may be, the court, the interest shall be payable on such increased or further increased amount of duty. SECTION 11AC. Penalty for short-levy or non-levy of duty in certain cases. - Where any duty of excise has not been levied or paid or has been short-levied or s....

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....fication to impose interest on the appellants as penalty has been dropped by the Commissioner. He also referred to the decision of the Tribunal in the case of W.S. Industries (India) Ltd. v. Commissioner of Central Excise, Bangalore reported in 2002 (141) E.L.T. 278 (T) = 2002 (48) RLT 177 (CEGAT - Bang.) as well as decision in the case of Eicher Demm v. CCE, Chandigarh reported in [2002 (140) E.L....