9911796707
TMI Blog2015 (4) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... kar, Advs. ORDER Per: N Kumar: The Revenue has preferred this appeal challenging the order passed by the Tribunal holding that in the absence of provision of law to raise interest, the provisions pertaining to failure to pay fortnightly payment in terms of Rule 170G (1)(d) cannot be invoked in the case of the assessee. 2. The assessee is the manufacturer of seats, parts and accessories of Moto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest thereof. A show cause notice came to be issued to the assessee determining the interest for the period from the date of clearance to the date of discharging differential duty. The assessee replied to the show cause notice by submitting that the supplementary invoices have been issued in terms of existing provisions and the assessee has cleared the goods at the appropriate rate as applicable o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order passed by the assessing authority. He partly allowed the appeal insofar as the interest payable on account of variation of price due to escalation clause and upheld the demand of interest on differential duty paid due to wrong classification of car mats/carpets and clearance of seat assemblies to shop floor. 4. The assessee preferred an appeal against the said order before the Tribunal. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these circumstances, the provisions pertaining to failure to pay fortnightly payment in terms of Rule 173G(1)(d) cannot be invoked. Therefore, appeal was allowed. Levy of interest was set aside. 5. Aggrieved by the said order, the revenue is in appeal. 6. We have heard the learned counsel appearing for both the parties. 7. The Parliament, after taking note of this loophole has amended the law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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