2007 (12) TMI 96 - AT - Central Excise

Default in payment of duty in year 2002 - During that period the rate of interest prevailing was only 15% as per not. 19/02 - respondent paid the actual duty after 1-3-2003 when the rate of interest changed held that rate prevailing only at the time of default should be taken - second Notification 12/2003 dated 1-3-2003 will be applicable only for the default which occurred after 1-3-2003 Not. 19/02 dated 13.5.02 providing rate of interest @ 15 % is applicable in present case

Summary

Issues:
1. Interpretation of interest rate applicable on defaulted duty payments.
2. Applicability of interest rate changes on duty payments.
3. Validity of Commissioner's decision on interest rate calculation.

Analysis:
1. The main issue in this case revolved around the interpretation of the interest rate applicable on defaulted duty payments. The respondent defaulted on duty payments in 2002 but paid the amount in installments in 2003 and 2004. The Revenue argued that a new interest rate applied post-March 2003, while the respondent contended that the rate prevailing at the time of default should apply. The lower authority demanded additional interest and imposed a penalty, leading to an appeal by the respondent.

2. The Tribunal analyzed the relevant notifications and legal provisions to determine the correct interest rate application. It was established that the rate of interest payable should correspond to the period of default in payment of duty, not the rate prevailing at the time of payment. The Tribunal highlighted that subsequent amendments in interest rates should only apply prospectively and not retroactively to defaults that occurred before the change.

3. The Commissioner's decision to uphold the respondent's appeal was based on sound reasoning. The Tribunal agreed that the rate of interest in existence at the time of default should govern the calculation, even if the payment was made after a rate increase. Drawing parallels with established legal principles and case law, the Tribunal emphasized the importance of not applying new rates retroactively to past defaults. Ultimately, the Tribunal rejected the Revenue's appeal, affirming the Commissioner's decision on interest rate calculation.

This detailed analysis of the judgment showcases the careful consideration given to the interpretation of interest rates on defaulted duty payments and the significance of applying the correct rate based on the timing of the default.