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2016 (12) TMI 986 - AT - Central ExciseQuantification of interest liability - whether CVD portion to be deducted from duty amount while calculation of interest? - Held that: - It is seen that in para-14 of the order, Settlement Commission had directed that the department, while calculating the interest amount, shall deduct the CVD portion from the duty amount. Finding of the Commissioner (Appeals) in para-12 of his order that appellant's representation to adjust the interest demand with their eligibility for refund cannot be entertained, therefore is not in consonance with the directions of the Settlement Commission. At the same time, I observe that appellant has also created further confusion by submitting two claims of different amounts of refund pursuant to Settlement Commission order, a fact which has been taken note of in the order of lower appellate authority - I am of the considered opinion that interest of justice will be best served by remanding the matter back to the original authority for de novo consideration of the matter - appeal allowed by way of remand.
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