TMI Blog2007 (8) TMI 590X X X X Extracts X X X X X X X X Extracts X X X X ..... REPRESENTED BY : Shri M.K.A.K. Mohiddin, JDR, for the Appellant. Shri K. Kumareshan, Advocate, for the Respondent. [Order]. These four applications have been filed by the Revenue for stay of operation of the Order-in-Appeal No. 15/2007 TTN (CUS) dated 26-3-07 passed by the Commissioner of Customs and Central Excise (Appeals), Trichy. After hearing both sides on the applications, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he allowed the appeals filed by the four importers on the ground that when principal was not payable, interest also was not payable. He relied on.the case of Pratibha Processors v. UOI reported in 1996 (88) E.L.T. 12 (S.C.), wherein the Apex Court had decided that if no tax was payable no interest was payable. 3. The revenue has challenged the impugned order on the basis that DEPB scrip was only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 31-5-05 containing the clarification cited in the appeal. He has also furnished another Circular No. 18/2006-Cus dated 5-6-2006 issued by the CBEC which clarifies that CVD debited in DEPB scrip was admissible as Cenvat credit. According to the departmental representative, these clarifications fortified the plea of the revenue to the effect that clearances under DEPB scheme involved payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iability to pay duty. When duty was not payable there was no liability to pay interest. The same view was taken by this Tribunal in the following decisions: 1. Magnetix India Ltd. v. CC, Bhubaneswar, 2001 (131) E.L.T. 444 (Tri.- Kolkata) 2. CC, Tuticorin v. St. John Marketers Pvt. Ltd. Anr, 2007 (216) E.L.T. 428 (Tribunal) = 2007 (81) R.L.T. 777 (CESTAT-Che.) 6. I have carefully ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the ld. Departmental Representative do not lay down anything inconsistent with the above ratio. Credit of CVD paid using DEPB is being allowed by virtue of specific provisions in the import policy. Cess is not required to be paid in cash in respect of imported goods cleared under DEPB. In view of the legal position as per the judicial authorities cited by the ld. Counsel for the respondents, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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