2009 (5) TMI 279

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..... bligation could be discharged by 5th October, 2004. It is the case of the Appellants that in their case the duty obligation has been discharged well before 5th of October, 2004 and therefore no interest is payable by him - we are of the view that no interest is payable by the Appellants if they have discharged the entire duty liability by the specified date 5th October 2004. However, as regards th .....

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..... paid the duty on the warehoused quantity instantly. However, as pointed out by the learned Counsel Shri Biswajit Mukherjee, industry experienced difficulty in making payment in regard to petroleum products immediately after withdrawal of warehousing facility and on a representation from the industry the Board in its Circular dated 4-1-2005 clarified that the duty obligation could be discharged by .....

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..... r, 2004 and also into account the earlier decision of the Tribunal in the case of Bharat Petroleum Corpn. Ltd. v. CCE-Coimbatore - 2007 (216) E.L.T. 240 (Tri.-Chennai) which has relied on the said Circular, we are of the view that no interest is payable by the Appellants if they have discharged the entire duty liability by the specified date 5th October 2004. However, as regards the arithmetical c .....

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