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2016 (4) TMI 1350 - AT - Central ExciseDemand of Interest and penalty - delay in discharging of duty - Held that:- There is delay in payment of duty by the respondent - Since, interest liability is compensatory in character, levy of the same is automatic, wherever there is delay in payment of duty - the interest demand dropped in the impugned order is set aside and the appeal is allowed in favor of Revenue. Imposition of penalty - Held that:- There was no intention on the part of the respondent in defrauding the Government Revenue inasmuch as the respondent has sufficient balance in its Cenvat account for discharging the duty liability. Further, non-payment of duty on the waste product is attributable to the interpretation of the provisions of law and also supported by the decisions of the judicial forums - penalty rightly set aside. Appeal allowed in part.
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