2013 (11) TMI 1390

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..... ing from the first day after due date till the date of actual payment of the outstanding amount - When the interest on duty payable on the goods cleared in a month including the amount payable under Rule 3(5) of Cenvat Credit Rules, is linked with the period of delay from the due date, the interest would be attracted whenever there is delay – Decided in favour of Revenue.
Shri Rakesh Kumar, J. For the Appellant : Shri R.K. Mishra, AR JUDGEMENT Per Rakesh Kumar: The respondents are manufacturers of digital electronic telephone exchange equipments, notes bundling machines, fake note detecting machines, invertors, etc. chargeable to central excise duty under various tariff headings of Chapter Note 84, 85 and 94 of the Central Excise Ta .....

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..... nored the fact that the respondent always had sufficient cenvat credit balance and that the interest would be payable only in case where there was insufficient balance in their account when the credit was taken. Against this order of the Commissioner (Appeals), Revenue is in appeal. The respondent have filed cross objection. 2. Today, when this matter was called, none representing the respondent appeared. I find that this matter was listed for hearing on 8.7.2013 but had been adjourned for today on the request of the respondent. Since the notice for hearing of this matter had been issued to the respondent well in time, so far as the respondent are concerned, this matter is being disposed of ex parte. 4. Heard Shri R.K. Mishra, Learned Dep .....

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..... od of delay in payment of amount under Rule 3(5) ibid. In terms of the provisions of Rule 8(4) of the Central Excise Rules, for the purpose of this Rule, the expression 'duty' and 'duty of excise' shall also include the amount payable in terms of the Cenvat Credit Rules, 2004. In terms of the Rule 8(1), duty on the goods removed from the factory or the warehouse during a month shall be paid by the 6th day of the following month. Thus, in terms of Rule 8(1) read with Rule 8(4), if in addition to clearance of finished goods from the factory, there are also clearance of cenvat credit availed inputs as such in respect of which an amount equal to cenvat credit availed is required to be paid under Rule 3 (5) of the Cenvat Credit Rules, this amoun .....

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