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2015 (12) TMI 1347 - CESTAT MUMBAI

2015 (12) TMI 1347 - CESTAT MUMBAI - TMI - Demand of interest - whether short payment of duty should be adjusted towards the duty where the appellant had paid excess duty - whether the Tribunal was right in confirming the demand of interest under rule 7(4) of the Central Excise Rules, 2002 without harmoniously reading the provisions of rule 7(5) of the Central Excise Rules, 2002 - Held that:- On perusal of the records and the judgment in the appellant’s own case [2015 (12) TMI 730 - CESTAT MUMBA .....

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C.A. For the Respondent : Shri V.K. Shastri, AC (AR) ORDER Per: M.V. Ravindran All these three appeals are directed against Order-in-Appeal No. AT/601 to 603/M.III/2006 dated 6.10.2006 passed by the Commissioner of Central Excise (Appeals), Mumbai-II. 2. Heard both sides and perused the records. 3. The issue involved in brief is that the appellant herein claimed certain abatements like, trade discount, free bonus, quantity discount, free replacement of breakages, freight, octroi and insurance, .....

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there was short payment of duty should be adjusted towards the duty where the appellant had paid excess duty. Provisions of Rule 9(B)(5) of the Central Excise Rules were invoked to hold against the appellant that is to say they were directed to file an application for refund of the amount which has been paid excess in the provisional assessment. 4. The learned Counsel appearing on behalf of the appellants submits that in the appellant s own case for the earlier period, this Bench vide Final Ord .....

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issue is same and squarely covered in the appellant s favour. The reliance placed by the Tribunal in the case of Toyoto Kirloskar Auto Parts (supra) is correct and we reproduced the findings recorded by this Bench in the appellant s own case: - 5. The substantial question of law which arises for consideration in this appeal is whether the Tribunal was right in confirming the demand of interest under rule 7(4) of the Central Excise Rules, 2002 without harmoniously reading the provisions of rule 7 .....

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f Central Excise, as the case may be, may order allowing payment of duty on provisional basis at such raw or on such value as may be specified by him. (2) The payment of duty on provisional basis may be allowed, if the assessee executes a bond in the form prescribed by notification by the Board with such surety or security in such amount as the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, deem fit, binding the assessee for payment of .....

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