TMI Blog2011 (7) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... contended that the payment of interest is now well settled as compensatory in nature, when the duty is payable on a particular date and if it is paid on a subsequent date, the Revenue has to be compensated for the delay in payment of duty - interest to be paid - decided against the assessee. - CEA No. 33 of 2007 - - - Dated:- 21-7-2011 - N. Kumar, Ravi Malimath, JJ N.R. Bhaskar, Adv., fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... how cause notice no interest is payable. Against the said order, the Revenue is in appeal. 3. Learned counsel for the Revenue submits that when this court has taken a view in the case of Commissioner of Central Excise and Service Tax Large Tax payer Unit vs. M/s. Karnataka Soaps and Detergents Ltd., Sandalwood Oil Division that once there is delay in payment of duty, interest follows. Therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsed those entries. There was a delay in reversal of those entries. It is true that for that period interest is claimed. Therefore, it is contended that the payment of interest is now well settled as compensatory in nature, when the duty is payable on a particular date and if it is paid on a subsequent date, the Revenue has to be compensated for the delay in payment of duty. It is for that purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ained. They have not applied their mind to the facts of the case. In the circumstance, proper course is to set aside the order of the Tribunal and remand the matter back to the Tribunal for fresh consideration, keeping in mind the facts of the case and the law on the point. Accordingly, appeal is allowed. Impugned order is set aside. The matter is remanded to the Tribunal for fresh considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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