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2011 (11) TMI 277

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..... .1998 and directed for redetermination of APC – production capacity re-determined on 9.2.2000 - Prior to determination of annual production capacity finally, the assessee has deposited the duty in March, 1999 for the period April, 1998 to September, 1998 – Revenue claims interest and penalty for late deposit of such duty amount - Held that:- In the present case, before determination of the annua .....

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..... had opted for Compound Levy Scheme and is, thus, liable to pay duty under Section 3A of the Act. The case of the revenue is that the assessee failed to deposit the duty under the Compound Levy Scheme from the date of determination of annual production capacity. Therefore, the assessee is bound to pay interest on account of delay in deposit of amount of duty and equivalent penalty amount. It m .....

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..... Mr. Gurpreet Singh, learned counsel for the appellant has relied upon a Division Bench judgment of this Court in Vashisht Ispat Products Vs. CESTAT 2009(235) E.L.T. 25 (P H) wherein it has been held that the assessee cannot be permitted to raise an argument that the interest should be charged from him, on account of delay in deposit of duty, from the date when the duty was required to be paid .....

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