2015 (12) TMI 5 - AT - Central Excise

Demand of interest u/s 11AB - If the duty was short paid or not paid by reason of fraud, collusion, or any wilful misstatement or suppression of facts or contravention of various provisions of the Act - Held that - These ingredients are not available in the present case, therefore, interest is not payable for the period October 1999 to December 1999. We find that the Revenue has not disputed this fact in the grounds of appeal. - reason to interfere the impugned order passed by the Commissioner (Appeals) - Decided against Revenue.

Summary

The Revenue's appeal against the order setting aside the demand of interest was rejected by the Appellate Tribunal CESTAT NEW DELHI. The Commissioner (Appeals) found that interest was not payable for the period October 1999 to December 1999 as the necessary conditions were not met. The Tribunal upheld the Commissioner's decision, and the appeal by the Revenue was dismissed.