TMI Blog2012 (12) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... ity before issuance of Show Cause Notice and there being no malafide attached to such under-valuation, the interest liability confirmed by the lower authorities needs to be set aside - final Order needs rectification - nin favour of Assessee. - E/728/2006 - M/1291/WZB/AHD/2012 - Dated:- 5-7-2012 - M V Ravindran and B S V Murthy, JJ. Appellant Rep by: Shri J C Patel, Adv. Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the final order dt.23.03.2011 of the Tribunal. 3. Ld.D.R. submits that the interest is payable as the duty liability has been paid by the appellant, though before issuance of Show Cause Notice. 4. On careful consideration of the submissions made by both sides and perusal of the records, we find that in Paragraph 8 of our Final Order, we have clearly held that there is no dispute of availment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowing paragraph shall be included. "The assessee having paid the duty liability before issuance of Show Cause Notice and there being no malafide attached to such under-valuation, the interest liability that has been confirmed by the lower authorities also needs to be set aside and we do so." 6. The application for rectification of mistake is disposed off as indicated hereinabove. - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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