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2019 (10) TMI 1022 - CESTAT MUMBAIDemand of interest on delayed payments - applicability of time limitation - HELD THAT:- The provisions of limitation are equally applicable to the demand of interest. In the present case, the proceedings stand initiated against the appellant by invoking longer period of limitation. There is neither any allegation nor any evidence of misstatement or suppression etc. with an intent to evade payment of duty. In fact, the differential duty was paid by the appellant suo motu on raising of supplementary invoice. In such a scenario, no mala fide can be attributed to the appellant. In such circumstances, the demand of interest has to be held as barred by limitation but the same is being confirmed to the extent of ₹ 13,88,390/- as the appellant is not contesting the same on account of having deposited the said amount. Accordingly, the confirmation of interest amount to the extent of ₹ 13,88,390/-. Penalty - HELD THAT:- There is a finding recorded of absence of any mala fide on the part of the assessee, thus not calling for imposition of any penalty upon them. Accordingly, the same is set aside. Appeal disposed off.
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