9911796707
TMI Blog2010 (10) TMI 978X X X X Extracts X X X X X X X X Extracts X X X X ..... mbay and the Hon ble High Court of Bombay while dealing the Writ Petition filed by the appellants inclined to intervene with the stay order but directed this Tribunal to dispose of the appeal itself within one month of the order dated 21-9-2010 of the Hon ble High Court of Bombay after recording compliance by the appellants. 2. As the appellant made the pre-deposit as directed by the Hon ble High Court of Bombay on 27-9-2010 and a copy of challan is placed on record, the compliance is recorded. As already two weeks have been passed when the Hon ble High Court of Bombay directed this Tribunal to dispose of the appeal within 1 month, the appeal is taken up for final disposal today itself. 3. The contention of the appellant is that they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r reported in 2009-TIOL-1907-CESTAT-Mum. and Mafatlal Industries Ltd. v. Commissioner of Central Excise, Daman reported in 2009 (241) E.L.T. 153 (Tri.-Ahmd.) wherein it was held that Since differential duty demanded from assessee is available as credit to his own unit, and such unit was in a position to utilize the same, the issue related to basically taking out money from one pocket and putting the same in the another pocket of the same person and the entire issue is revenue neutral. Accordingly demand of differential duty does not arise and the same was confirmed by the Hon ble Apex Court while dealing with the Civil Appeal No. 19024/2009 filed by the Commissioner of Central Excise, Daman [2010 (255) E.L.T. A77 (S.C.). Hence, in that sit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y duty of excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded, the person who is liable to pay the duty as determined under sub-section (2), or has paid the duty under sub-section (2B), of Section 11A, shall, in addition to the duty, be liable to pay interest at such rate not below ten per cent and not exceeding thirty-six per cent per annum, as is for the time being fixed by the Central Government, by notification in the Official Gazette, from the first date of the month succeeding the month in which the duty ought to have been paid under this Act, or from the date of such erroneous refund, as the case may be, but for the provisions contained in sub-section (2), or sub-section (2B) of Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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