TMI Blog2012 (2) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of interest is upheld. The appellants were admittedly clearing their final exempted products on payment of 10% of the value of the same in terms of provisions of Rule 6(3)(b). Proper returns were being filed by them. The mistake came into notice of the Revenue only as a result of audit. I find that the this is a genuine mistake without any colour of suppression or mis-statement on the part of the appellants. As such I find that the penalty of Rs. 1 lakh imposed upon the appellants is not justifiable, the same is accordingly set aside - Decided partly in favour of assessee. - E/2320/2009-SM(BR) - Final Order No. 153/2012-SM(BR)(PB) - Dated:- 28-2-2012 - Ms. Archana Wadhwa, J. Ms. Sukriti Das, Advocate, for the Appellant. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e basis was applicable only on the clearances effected on or after 21-2-2007. As the appellants reversed the differential amount of Rs. 1,14,433/- for the period from 21-2-2007 to 28-2-2007 and Rs. 4,49,107- for the month of March, 2007 vide debit entries dated 1-4-2008/- in RG 23A Pt.II, the same was appropriated after confirmation. The interest was confirmed with the findings that it was not the case that the appellants themselves complied with the provisions of the Rules and the payment of interest is statutorily provided in Rule 6(3)(e) of the Credit Rules. Since the contravention of Rule 6(3)(a) was there on the part of the appellants, penalty was imposable for contravention of Rule 6 of the Credit Rules. 3. Being aggrieved with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest shall be recovered from the manufacturer or the provider of the output service and the provisions of Section 11A and 11AB of the Excise Act or Section 73 and 75 of the Finance Act, shall apply Mutatis Mutandis for effecting such recoveries. 7. As such the Explanation-II read with Rule 14 which in turn refers to the provisions of Section 11AB, the non-payment of the credit amount would result in confirmation of interest against the assessee. When the law itself provide for confirmation of interest, I find no reasons to accept the appellants plea for setting aside the interest confirmation. The appellants reliance on the Tribunal s decision in the case of Sangrur Agro Ltd. reported in 2006 (202) E.L.T. 835 (Tri.-Del.) as confirm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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