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2010 (11) TMI 436 - MADHYA PRADESH HIGH COURTApplication for stay of demand of interest - fixation of the assessment under Rule 7(4) of the Central Excise Rules 2002 - In the present case dispute is in respect of payment of interest on the amount of excise duty in respect of electrical equipments supplied by the petitioner to the Indian Railways - At the time when the equipments were manufactured and dispatched from the factory premises of the petitioner, the price of such equipments was not ascertained and on the basis of provisional price the excise duty was paid - At present the only question for consideration before this Court is whether the petitioner is entitled for stay/exemption from deposit of the amount of excise which is in fact an amount of interest payable on the excise duty for maintainability of the appeal before the Tribunal - Held that: prima facie a case has been made out by the petitioner for grant of stay in respect of recovery of interest from the petitioner on account of finalization of the assessment under Rule 7(4) of the Central Excise Rules, 2002 - This petition stands disposed of
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