TMI Blog2018 (11) TMI 898X X X X Extracts X X X X X X X X Extracts X X X X ..... t - Held that:- Hon’ble Supreme Court in the case of Rajasthan Spinning & Weaving Mills [2009 (5) TMI 15 - SUPREME COURT OF INDIA], has held that interest is payable even when duty is paid before issuance of the show-cause notice - the appellant is under legal obligation to pay the interest in respect of differential duty from the date when the same became payable till the date it was paid - demand of interest upheld. Appeal allowed in part. - Appeal No. E/1882/2003 - A/87568/2018 - Dated:- 9-10-2018 - Mrs. Archana Wadhwa, Member (Judicial) And Mr. Sanjiv Srivastava, Member (Technical) Shri H.C. Daruwala, Advocate for the appellant Shri N.N. Prabhudesai, Supdt (AR) for the respondent ORDER Per: Archana Wadhwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the revenue, the appellant deposited the duty demanded, before the issuance of the show-cause notice. 3. In the above scenario, it is the contention of the ld. Advocate that inasmuch there was no malafide on the part of the appellant, imposition of penalty is not justified. As regards the confirmation of interest, ld. Advocate fairly agrees that interest is payable till the amount was deposited by them and he is not contesting the same in terms of the law declared by the Supreme Court in the case of Rajasthan Spinning Weaving Mills. 4. After appreciating the submission of both sides, we find the appellant is admittedly a State. The Hon ble Supreme Court in the case of Rajasthan Spinning Weaving Mills has clarified the la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a malafide intention. 6. In such a scenario, imposition of penalty on the appellant is neither justified nor warranted. As such, we set aside the penalty imposed upon them in terms of Section 11AC of the Act. 7. As regards the interest, the Hon ble Supreme Court in the case of Rajasthan Spinning Weaving Mills referred supra, has held that interest is payable even when duty is paid before issuance of the show-cause notice. As such we hold that the appellant is under legal obligation to pay the interest in respect of differential duty from the date when the same became payable till the date it was paid. The interest amount would be calculated by the adjudicating authority under intimation the appellant, who would deposit the same. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
