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2015 (9) TMI 1557 - CESTAT NEW DELHIValuation - pan masala - closure of factory - case of Revenue is that the appellant were required to pay duty on 5th day of the month if at all, the machines being closed for more than 15 days - Held that: - the appellant is not required to first pay duty for whole of the month and then make claim of abatement. The appellant is required to pay duty for the days for which the machines were operating and only interest for the period from due date to the day on which the adjusted duty chargeable was paid would be leviable. Liability of interest - Held that: - Reliance was placed in the case of Steel Industries of Hindustan [2013 (10) TMI 172 - ALLAHABAD HIGH COURT], wherein the Hon'ble High Court held that claiming the abatement for closure period depositing the duty for the whole month was not a pre-condition under Rule 96ZB of the CER, 1944 - the appellant has paid duty correctly but they are liable to pay interest for the period from the due date to the date they adjusted duty chargeable was paid. Penalty - Held that: - penalties are set aside. Appeal allowed - decided partly in favor of appellant-assessee.
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