TMI Blog2015 (1) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be paid on time. When law requires tax to be paid it has to be paid as per time specified. The Ld. Counsel has relied on the case of Reliance Industries (2014 (1) TMI 52 - CESTAT AHMEDABAD) to say that interest is not demandable. I note that this case refers to situation where the question of payment of duty on intermediate products was the issue. In the facts of the present case, it is clear t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit as soon as duty is paid by them. The case of Patel Alloys Pvt. Ltd. (2013 (12) TMI 167 - CESTAT AHMEDABAD) supports this case. - Interest is payable; however penalties are set aside - Decided partly in favour of assesse. - Appeal No.ST/549/12-Mum - Final Order No. 1348/2014-WZB/C-IV(SMB) - Dated:- 10-10-2014 - P S Pruthi, J. For the Appellant : Shri Mehul Jivani, CA For the Resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd. Vs. Commissioner of Central Excise Rajkot reported in 2013 (292) ELT 378 (Tri-Ahd.) -. He also disputes the imposition of penalty under Section 77 78 of the Finance Act, 1994 in revenue neutral situation relying on CESTAT judgment in the case of Patel Alloys Ltd. 2013 (293) ELT (264) ELT (Tri. Ahd.) which was upheld by the Gujarat High Court. 5. The Ld. A.R. emphasis that payment of int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tries (supra) to say that interest is not demandable. I note that this case refers to situation where the question of payment of duty on intermediate products was the issue. In the facts of the present case, it is clear that the tax has been paid much later than the date on which it was due. The time to be considered for interest purposes is this time between the due date and the payment day. It c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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