Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2012 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (7) TMI 815 - AT - Central ExciseRectification of mistake - there is no mention about the interest in our order even though in the impugned order interest had been demanded along with duty under Section 11AB - 100% EOU - Import of scrap - Clearance of imported goods to DTA - Held that:- During the material period provisions of Section 11AB of Central Excise Act, 1944 could be invoked only when duty demanded was not paid by reason of fraud, suppression or wilful misstatement with an intention to evade duty - even in terms of the bond executed by them while importing the goods/obtaining the goods under Notification No. 83/90-Cus., dated 20-3-1990, there was no mention of interest payable. Further Notification No. 83/90 also has no specific condition for collection of interest. The existing sentences are “In the result, duty demand against appellant is upheld and penalty is set aside. The appeal is disposed of in above terms.” - These sentences are substituted by the following sentences : “In the result duty demand against the appellant is upheld and interest thereon demanded under Section 11AB of Central Excise Act, 1944 is set aside. Penalty is also set aside. Appeal is disposed of in above terms.”
|