TMI Blog2016 (5) TMI 839X X X X Extracts X X X X X X X X Extracts X X X X ..... ises option to follow either of the procedures, cannot switch over to the one, beneficial to him, in the same financial year. Therefore, the duty short paid has been rightly confirmed by the Ld. Commissioner and to this extent the order is upheld. Imposition of penalty and recovery of interest - Held that:- in view of the judgment of Hon'ble Supreme Court in the case of Shree Bhagwati Steel Rolling Mills Vs.CCE [2015 (11) TMI 1172 - SUPREME COURT], penalty and interest under Rule 96ZP ibid cannot be sustained. - Appeal disposed of - Appeal No.E/2187/2005-DB - Order No. A/10384/2016 - Dated:- 4-5-2016 - DR. D.M. MISRA, MEMBER (JUDICIAL) AND MR. P.M. SALEEM, MEMBER (TECHNICAL) For the Appellant: Shri Aditya Tripathi, Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hence the duty has been wrongly confirmed by the Ld. Commissioner. In support the learned Advocate for the Appellant placed reliance on the judgment of Hon'ble Supreme Court in the case of UOI Vs Supreme Steels And General Mills - 2011 (133) ELT 513 (S.C.). However, he has fairly submitted that during the period under dispute they had exercised option to pay duty under Rule ZP(3) of erstwhile Central Excise Rules,1944. Further, he has submitted that in any case, Penalty and interest cannot be imposed in view of the judgment of Supreme Court in the case of Shree Bhagwati Steel Rolling Mills Vs.CCE, 2015 (326) ELT 209(SC) 5. Per contra, the learned Authorised Representative for the Revenue submits that Sub Rule (3) of Rule 96ZP of ers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case may be, and latest by the 10th of each month, pay a sum equivalent to 1/12th of the amount calculated at the rate of ₹ 300/- multiplied by the annual capacity in metric tonnes, as determined under sub-rule (3) of rule 3 of the Hot re-rolling Mills Annual Capacity Determination Rules, 1997, and the amount so paid shall be deemed to be full and final discharge of his duty liability for the period from the 1st day of September, 1997 to the 31st day of March, 1998, or any other financial year, as the case may be, subject to the condition that the manufacturer shall not avail of the benefit, if any, under the proviso to sub-section (3) or under sub-section (4) of the Section 3A of the Central Excise Act, 1944: 8. A plain reading ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en reaffirmed by their Lordships in Supreme Steels And General Millss case (supra), wherein it has been laid down that the assessee when exercises option to follow either of the procedures, cannot switch over to the on, beneficial to him, in the same financial year. Therefore, the duty short paid has been rightly confirmed by the Ld. Commissioner and to this extent the order is upheld. 10. However, we find force in the contention of the Ld. Advocate relating to imposition of penalty and recovery of interest as penalty and interest under Rule 96ZP of erstwhile Central Excise Rules,1944 cannot be sustained in view of the recent judgment of the Hon ble Supreme Court in the case of Shree Bhagwati Steel Rolling Mills Vs.CCE, 2015 (326) ELT 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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