2013 (12) TMI 1345 - AT - Central Excise

Waiver of Pre-deposit of Interest and Penalty u/s 11AB and 11AC of Central Excise Act,1944 Duty and interest amount already paid Held that - The applicants have themselves accepted the duty liability and paid the entire amount of duty without any protest - the interest on the said amount of duty is payable the appellant directed to deposit the entire amount of interest upon such submission rest of the duty to be stayed till the disposal Partial stay granted.

Summary

Issues: Application for waiver of pre-deposit of interest and penalty under Sections 11AB and 11AC of the Central Excise Act, 1944.

Analysis:
- The appellant sought waiver of pre-deposit of interest of Rs.3,68,18,105/- and penalty of equal amount imposed under Sections 11AB and 11AC of the Central Excise Act, 1944.
- The appellant had paid the demand of duty amounting to Rs.20,40,26,373/-, acknowledging the liability, but contested the payment of interest due to genuine reasons for the delay in discharging the duty.
- The Department argued that once duty is paid, interest becomes payable as per the provisions under Section 11AB of the Central Excise Act, 1944.
- The Tribunal noted that the appellant had voluntarily accepted the duty liability and paid the entire amount without protest. Consequently, the Tribunal held that interest on the duty amount is indeed payable.
- The Tribunal directed the appellant to deposit the entire interest amount within eight weeks and report compliance by a specified date. Upon deposit, the balance of dues would be waived, and recovery stayed during the appeal process. Failure to comply would lead to dismissal of the appeal without further notice.
- The stay petition was disposed of accordingly, with the Tribunal's decision based on the appellant's acknowledgment and payment of the duty liability, leading to the conclusion that interest on the duty amount was rightfully payable as per the law.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved and the Tribunal's decision based on the arguments presented by both parties regarding the waiver of pre-deposit of interest and penalty under the Central Excise Act, 1944.