2008 (5) TMI 675 - AT - Central Excise

Summary

Issues: Application for waiver of pre-deposit of interest and penalty.

In this judgment by the Appellate Tribunal CESTAT, Mumbai, the issue at hand was the application for waiver of pre-deposit of interest amounting to Rs. 9,133/- and a penalty of equivalent amount. The appellant had initially cleared goods at a certain price, which was later revised due to an increase in the cost of input raw material. The appellant paid the differential duty promptly upon issuance of supplementary invoices. However, the Revenue demanded interest for the period between the date of issue of supplementary invoices and the original payment of duty at the time of clearance.

The Tribunal found that the issue was similar to a previous decision in the appellant's own case, where interest and penalty were set aside based on the Hon'ble Bombay High Court's judgment. The Tribunal also noted another decision by the same Member in a different case where interest was held payable in similar circumstances. Given the favorable decision in the appellant's own case, the Tribunal decided to waive the pre-deposit of interest and penalty and stayed the recovery until the appeal was disposed of. This decision was made to align with the previous ruling and ensure fairness in the proceedings.