TMI Blog2013 (12) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... TAT, MUMBAI] - interest will be payable from the date of each clearance to the date on which the default is made good - the payment made through Cenvat become proper even if it is paid before the date on which defaulted amount is paid, there is no case for demanding the duty paid through Cenvat credit to be paid again through cash/PLA - The matter remanded back to the adjudicating authority, who w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th sides. 3. Considering their submissions made in detailed. It is the contention of the Ld. Counsel for the appellant that although appellant defaulted in the payment of duty in time but they themselves paid the defaulted payment along with interest. Show cause notice was issued for reversal of cenvat credit utilized for payment of duty during the defaulted period. This issue came up before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even if it is not mentioned in the Rules. That is to say duty paid during the defaulting period will be proper discharge once the default in payment from PLA, for the month of Dec. 2006 in this case, is made good and applicable interest is paid. With the result the only consequence that arises in this case is payment of interest and penalty. But interest will be payable from the date of each clea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant and we also confirmed by the penalty on the appellant under, Rule 27 of the Central Excise Rules 2002 to Rs. 5000/-, The adjudicating authority shall ascertain the amount of interest payable as per the decision of M/s. Solar Chemferts Pvt. Ltd. (supra), and pass a appropriate orders in accordance with law. The adjudicating authority is directed to calculate the interest within 30 days ..... X X X X Extracts X X X X X X X X Extracts X X X X
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