TMI Blog2017 (3) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... of India Ltd., (SAIL) Vs CCE, Raipur reported in [2015 (12) TMI 594 - SUPREME COURT] - the issue whether assessee is liable to pay interest upon the differential duty requires to be remanded to the adjudicating authority - appeal allowed by way of remand. Penalty - Held that: - the issue whether interest is payable on differential duty is still a contentious one. Further, the appellants have p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods to their related units for use in the manufacture of bulk drugs. For such clearances made, the assessee adopted estimation basis for valuation of the goods instead of adopting cost construction method basing on CAS-4 certificate as prescribed under the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. When the irregularity was pointed out by DGCEI, the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner (Appeals) who upheld the demand of interest and dismissed the appeal filed by department. The present appeal 590/2008 is filed by assessee against the confirmation of interest and appeal E/584/2008 is filed by department against the non-imposition of penalty. 4. On behalf of the assessee the Ld. Counsel Sh. R. Muralidhar submitted that the issue whether interest is payable on differentia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er interest is payable on differential duty is still a contentious one. Further, the appellants have paid differential duty immediately on being pointed out by the department. In view thereof, I consider that the authorities have rightly not imposed any penalty. I uphold the view taken by the authorities, for not imposing penalty. in the result, the appeal E/584/2008 filed by department is dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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