9911796707
TMI Blog2007 (8) TMI 590X X X X Extracts X X X X X X X X Extracts X X X X ..... r]. - These four applications have been filed by the Revenue for stay of operation of the Order-in-Appeal No. 15/2007 TTN (CUS) dated 26-3-07 passed by the Commissioner of Customs and Central Excise (Appeals), Trichy. After hearing both sides on the applications, the appeals are taken up for final disposal. 2. These appeals have been filed by the Revenue against the order passed by the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . He relied on.the case of Pratibha Processors v. UOI reported in 1996 (88) E.L.T. 12 (S.C.), wherein the Apex Court had decided that if no tax was payable no interest was payable. 3. The revenue has challenged the impugned order on the basis that DEPB scrip was only a mode of payment of duty. This was evident from the fact that Cenvat credit was admissible for the imported goods when cleare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 5-6-2006 issued by the CBEC which clarifies that CVD debited in DEPB scrip was admissible as Cenvat credit. According to the departmental representative, these clarifications fortified the plea of the revenue to the effect that clearances under DEPB scheme involved payment of duty using DEPB scrip and therefore interest was liable to be paid for delay in clearance of the impugned goods from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal in the following decisions: 1. Magnetix India Ltd. v. CC, Bhubaneswar, 2001 (131) E.L.T. 444 (Tri.- Kolkata) 2. CC, Tuticorin v. St. John Marketers Pvt. Ltd. & Anr, 2007 (216) E.L.T. 428 (Tribunal) = 2007 (81) R.L.T. 777 (CESTAT-Che.) 6. I have carefully considered the case records and the submissions by both sides ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing inconsistent with the above ratio. Credit of CVD paid using DEPB is being allowed by virtue of specific provisions in the import policy. Cess is not required to be paid in cash in respect of imported goods cleared under DEPB. In view of the legal position as per the judicial authorities cited by the ld. Counsel for the respondents, I do not find any reason to interfere with the impugned order. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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