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TMI Blog2007 (9) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Assessee. Shri C. Lama, JDR, for the Department. ORDER [Order per : K.K. Agarwal, Member (T)]. - These are two appeals, one by Revenue and other by assessee. Since the issue in both these appeals arises from the same order-in-appeal, they are being disposed of together. 2. The brief facts of the case are that M/s. Indian Oxygen Company Limited is engaged in the manufacture of Oxy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1998 with the proposal to impose penalty under Section 11AC and demand of interest under Section 11AB. Show cause notice was adjudicated by the Commissioner, who dropped the demand amounting to ₹ 60,29,428/- arising out of short lifting charges and confirmed the demand of ₹ 9,17,901/- towards minimum demand charges, ₹ 68,090/- towards cost of facilities provided by M/s. Indian ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the submissions from both sides. So far as the demand of ₹ 68,909/- is concerned, we find that M/s. Indian Oxygen Company Limited has submitted the agreement entered into by it with M/s. Indian Seamless & Alloys Limited which refers to free supply of 15 cubic meter per day industrial quality water and land along with price lists filed by them and therefore it cannot be alleged that provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) E.L.T. 23 (Bom.). However, we agree with the respondent's plea that since these provisions were introduced from September, 1996, the interest and penalty cannot be demanded in respect of the demand pertaining to the period prior to September, 1996 when the Sections 11AB and 11AC were introduced. We therefore while allowing the appeal of the Revenue, hold that the penalty and interest can be dema ..... X X X X Extracts X X X X X X X X Extracts X X X X
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