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2023 (11) TMI 560 - SC ORDERNon-payment of Interest and penalty - by an interim order, while issuing notice in the appeal, this Court had granted an order of stay with regard to payment of penalty - HELD THAT:- This Court by interim order dated 26.03.2010 had granted stay of payment of penalty and also the fact that the issues which arise in this appeal were a subject matter of controversy up to this Court and thereafter settled in the case of COMMISSIONER OF CENTRAL EXCISE, INDORE VERSUS M/S GRASIM INDUSTRIES LTD. THROUGH ITS SECRETARY [2018 (5) TMI 915 - SUPREME COURT] and also the fact that the sum of Rs.69,650/- only has also been paid by way of duty by the appellant herein and what remains is a sum of Rs.82,955/- being the interest amount to be paid, we set aside the order imposing penalty in the instant case. The appellant is directed to pay the interest calculated up to date of deposit being Rs.82,955/- to the respondent-department. The said amount shall be paid within a period of three months from the date of this Order. The said time frame has been given having regard to the fact that learned counsel for the appellant submitted that the appellant-company may have been dissolved or in the process of dissolution and therefore, some time may be granted to pay the aforesaid sum. Appeal allowed in part.
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