2010 (8) TMI 552

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..... ilable to the assessees themselves but to another assessee and it is in this context that Apex Court held that revenue neutrality situation did not arise - The fact that the assessments were also provisional is a further ground for holding that the assessees are not liable to pay interest or penalty - Appeal is dismissed - E/422/2004 - 872/2010 - Dated:- 10-8-2010 - Ms. Jyoti Balasundaram, D .....

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..... cannot be sustained. 2. We have heard both sides. The payment of the amount before issue of the show-cause notice is no longer a ground to hold that penalty and interest are not sustainable. However, the availability of differential duty as credit to the assessees themselves is certainly a ground for holding that they cannot be guilty of any intention to evade payment of duty. The decision of th .....

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..... 2001 introducing Explanation to Section 11AB. The fact that the assessments were also provisional is a further ground for holding that the assessees are not liable to pay interest or penalty. In the result, we uphold the impugned order and reject the appeal. The cross-objection which is in the nature of comments upon/reply to the Revenue s appeal is also dismissed. (Dictated and pronounced in o .....

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