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TMI Blog2012 (4) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... e of satisfactory explanation of the default, it is held that appellant wanted to evade payment of interest which invite the penal provisions of Rule 25 – Decided against the assessee. - E/1127/2011 - - - Dated:- 16-3-2012 - SHRI P. G. CHACKO, J. Shri Girish.K, Consultant for the appellant. Ms. Sabrina Cano, Superintendent (AR) for the Revenue. This application filed by the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certain levels, whereupon the appellant issued supplementary invoices to them for recovery of the differential price and payment of differential duty. These payments of differential duty under the supplementary invoices were, however, not accompanied by any payment of interest. Internal auditors of the department detected this non-payment of interest and raised objections, but the appellant did n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner vs. SKF India Ltd.: 2009 (239) ELT 385 (SC). The surviving issue pertains to penalty. It is the submission of the learned consultant for the appellant that the penalty is liable to be set aside as the appellant did not have any intention to evade payment of differential duty or interest thereon. In this connection, he has relied on Commissioner vs. Machino Basell India Ltd. 2011 (273) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upreme Court s decision in the case of SKF Ltd. (supra), was known to the assessee about the time when their records were audited by the officers of the department. Nevertheless, there was no payment of interest by the assessee for some time. They chose to pay the amount only after receipt of the show-cause notice. In the absence of satisfactory explanation of the default, I am constrained to take ..... X X X X Extracts X X X X X X X X Extracts X X X X
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