TMI Blog2015 (11) TMI 896X X X X Extracts X X X X X X X X Extracts X X X X ..... r due retaining of the material in the factory premises of the appellant - Held that:- In the case of SAIL (2013 (12) TMI 452 - CESTAT NEW DELHI), the customers were required to make the payment within 28 days from the date of sale and if they failed to make the payment they were required to pay ground rent at the specified rates. The Tribunal took a view that the ground rent is payable as per the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and is in the nature of interest, the price charged by the appellant at the time of removal of the goods would be liable to excise duty. In the situation, we do not find any merit in the appeal filed by the appellant - Decided against Revenue. - E/592/2007-DB - Final Order No. 20278 / 2015 - Dated:- 4-2-2015 - Shri G. Raghuram, President And Shri B.S.V.Murthy, Technical Member For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due retaining of the material in the factory premises of the appellant. He relies on the decision in the case of CCE, Raipur vs Sail Bhilai Steel Plant 2013(296) ELT 400 (Trib.DEL.). 3. We have considered the submissions. In the case of SAIL (supra), the customers were required to make the payment within 28 days from the date of sale and if they failed to make the payment they were required to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of any evidence to show that the amount charged is for delayed payment as per the conditions of the sale and is in the nature of interest, the price charged by the appellant at the time of removal of the goods would be liable to excise duty. In the above situation, we do not find any merit in the appeal filed by the appellant. Accordingly appeal is rejected. (Operative portion of this order p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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