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TMI Blog2014 (11) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... y the interest liability on the default amount. That would be sufficient and once the interest amount is paid, the default can be considered as rectified. Following decision of SOLAR CHEMFERTS PVT. LTD. Versus COMMISSIONER OF CENTRAL EXCISE, THANE-I [2011 (6) TMI 640 - CESTAT, MUMBAI] - Decided partly in favour of assessee. - E/1490/2012-DB, E/1491/2012-DB - Final Order No. 21192-21193/2014 - Dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be proved. Under these circumstances, we have to decide only the consequences. The very same issue was considered by the Tribunal in the case of Solar Chemferts Ltd.: 2012 (276) ELT 273 (Tri.-Mum.) and the Tribunal had come to the conclusion that the assessee in such situation need not be required to pay the entire default amount in cash and take the CENVAT credit back into the CENVAT credit accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision in the case of Solar Chemferts Ltd. and we take a view that once this is done, the appellant can be said to have fulfilled the statutory obligation. For the default committed, penalty of ₹ 10,000/- (Rs.5,000/- each in respect of two appeals) is upheld. Both the appeals get decided in above terms. (Operative portion of the order has been pronounced in open court) - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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