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TMI Blog2014 (2) TMI 777X X X X Extracts X X X X X X X X Extracts X X X X ..... firmed against them in terms of Section 11AB. The said Rule is a complete code in itself and provides facility for warehousing, subject to the condition including interest, specified by the Board. Inasmuch as the Board has only specified the recovery of duty of excise, no interest can be demanded from them - Matter remanded back - Decided in favour of assessee. - E/954/06-Mum - - - Dated:- 3-1-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k to the adjudicating authority to consider the contentions advanced by the learned Counsel. The relevant paragraphs of the decision in the case of Indian Oil Corporation Ltd. are reproduced below:- 3. Shri J.C. Patel, learned Advocate appearing for the appellants has drawn our attention to the Provisions of Rule 20. For better appreciation the same are reproduced :- "Rule 20. Wareho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable to the assessee - subject to the condition that.......... including interest............, as may be specified by the Board. By drawing our attention to the Board Circular No. 579/16/2001-CX., dated 26-6-2001, issued in exercise of powers conferred under sub-Rule 2 of Rule 20 of the Central Excise Rules, 2001, he submits that failure to receive a warehousing certificate would only cause dut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gnor shall inform his Assistant Commissioner/Deputy Commissioner who shall either secure a satisfactory proof of the goods having been duly received by the consignee or ensure that the duty of excise due on the goods not received at destination is recovered from the consignor." 5. As such, he submits that there being no Circular issued by the Board, specifying any interest rate, as envisaged ..... X X X X Extracts X X X X X X X X Extracts X X X X
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