TMI Blog2009 (2) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... E COURT have made the ratio of these earlier decisions irrelevant to decisions made since. This Tribunal had held that payment of arrears before issue of Show Cause Notice did not affect the assessee’s liability to pay interest. - E/77/2007-MAS - 150/2009 - Dated:- 5-2-2009 - Shri P. Karthikeyan, Member (T) REPRESENTED BY : Shri P.R. Venkataraman, Consultant, for the Appellant. Shri N. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ] wherein it was held that, it was mandatory that when Cenvat credit had been taken wrongly the same shall be recovered along with interest. The relevant Rule 12 of the Cenvat Credit Rules, 2002 mandated such payment. 2. I have carefully studied the case records and rival submissions. I find that in the impugned order affirming demand of interest by the original authority without issuing a Show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellants to the impugned order cannot prevail. As regards the ratio of the decision of this Tribunal vide Final Order No. 922/05 dated 29-6-05 relied on by the appellants, I find that the same was made relying on another decision of the Tribunal in EID Parry (I) Ltd. v. CCE, Mumbai [2003 (156) E.L.T. 753 (Tri.-Chennai)] cited by the appellants in that case. Imposability of penalty and lev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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