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2017 (6) TMI 753 - CESTAT HYDERABAD

2017 (6) TMI 753 - CESTAT HYDERABAD - TMI - Rectification of Mistake - setting aside of interest - Held that: - this Court finds that the application filed by appellant needs to be accepted for more than one reason. Firstly it is correctly pointed out by revenue that appellant had admitted and accepted the interest payment and specifically mentioned in the grounds of appeal that they are not contesting the interest. Secondly, the appeal memo specifically indicates that appellant had prayed for s .....

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mistake in the final Order No. A/30988/2016, dt. 18.10.2016. 2. Ld. Departmental representative takes me through the final order dt. 18.10.2016 by this Tribunal and submits that the bench has allowed the appeal of the assessee on the question of non charging of interest based on the decision passed by Hon'ble High Court of Karnataka in the case of CCE & ST, LTU, Bangalore Vs Bill Forge Pvt. Ltd [2012(279)E.L.T 209 (Kar)] and the Tribunal decision in the case of Nova Petrochemicals Ltd. .....

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the Tribunal has erred in granting relief of setting aside interest. The Ld. Counsel draw my attention to the written submissions filed by him during the course of hearing of appeal before Bench. He specifically submit in the written submission that they had argued that interest is not payable due to the reason that amount sought to be reversed which was held as ineligible. He would further submit in addition of such claim they had relied on decision of Bill Forge Pvt. and Nova Petrochemicals Lt .....

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