TMI Blog2015 (3) TMI 1167X X X X Extracts X X X X X X X X Extracts X X X X ..... to file revised ER-1 returns, which request was not accepted by the department. Thereafter, they deposited the duty along with interest. Levy of interest, by itself, can be considered to be a penal action against the assessee. When the appellant was having sufficient balance in their Cenvat credit, no assessee would like not to pay first and then to pay subsequently along with interest thus, causi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey did not discharge their duty liability on the intermediate goods which were used captively by them. According to the appellant, the said non-payment was on account of mistake on the part of the person handling the accounts. However, this mistake was detected by them on their own and a request was made to the Revenue to allow them to file revised return. As the said request was not acceded to, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant. The non payment/short-payment was intimated by the appellant themselves to the Revenue with a request to file revised ER-1 returns, which request was not accepted by the department. Thereafter, they deposited the duty along with interest. Levy of interest, by itself, can be considered to be a penal action against the assessee. When the appellant was having sufficient balance in their Cenvat c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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