2013 (12) TMI 1503 - AT - Central Excise

Summary

Issues involved: Appeal by Revenue regarding imposition of penalty for non-payment of interest u/s 11AB on differential duty paid by respondent.

Summary:
The respondent, a manufacturer of motor vehicle parts, paid Central Excise duty on escalation amount received from customers but did not pay interest u/s 11AB at that time. The department later demanded interest and penalty. The Assistant Commissioner confirmed the interest demand but did not impose penalty. The Revenue filed a review appeal seeking penalty imposition. The Commissioner (Appeals) dismissed the appeal, stating that the impugned order had merged with a previous order. The Revenue appealed this decision.

The Revenue argued that the impugned order dismissing their appeal was incorrect, citing relevant Tribunal judgments. However, the Tribunal found that penalty was not imposable under Rule 25 for non-payment of interest on duty paid voluntarily by the respondent. The dispute was only regarding interest on the duty paid, and penalty was not warranted as per the provisions of the Act. Therefore, the Revenue's appeal was dismissed.