TMI Blog2008 (8) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... Advocate, for the Appellant. Shri N.J. Kumaresh, SDR, for the Respondent. [Order]. - The miscellaneous applications are for out-of-turn disposal of the appeals and the same are on the ground that the common issue involved in the appeals stands settled by decisions of this Tribunal. In the process of moving these application, the ld. counsel has virtually presented the whole case of the assessee and, while countering, the ld. SDR has also argued exhaustively. In the circumstances, there is no point in keeping the appeals pending. Accordingly, after allowing the above applications, I take up the appeals. 2. The appellants had imported "Acid Grade Fluorspar" and ware-housed the same in their private bonded warehouse under into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount of duty paid by way of debit in the DEPB scrips on the goods cleared from the warehouse, for the extra period of warehousing. According to the Revenue, as the mode of payment of duty on warehoused goods is immaterial for Section 61(2) of the Customs Act, the amount debited in DEPB scrips at the time of clearance of the goods from the warehoused represents "the amount of duty payable at the time of clearance of the goods" and, therefore, interest is leviable on such amount under Section 61(2) of the Act. On the other hand, according to the assessee, the warehoused goods were cleared by availing exemption under the above Notifications and, therefore, there is no question of levy of interest on the amount debited in DEPB scrips. Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Boards Ltd. v. Commissioner, 2008 (223) E.L.T. 616 (Tri.-Chennai), wherein Cenvat credit of the amount debited in DEPB scrip by the assessee at the time of clearance of the goods imported by them was allowed on the strength of the relevant Bill of Entry. 4. I have given careful consideration to the submissions and the case law cited by both sides. The Board's circular cited by the ld. SDR contains an admission thus : "Hitherto, the stand taken by the Department was that goods cleared through debit under DEPB are exempted goods and, accordingly, no Cenvat or drawback was allowed for such payments." The same view was taken by a Larger Bench of this Tribunal in the case of Essar Steel Ltd. v. Commissioner, 2004 (173) E.L.T. 239 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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