2016 (8) TMI 284

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..... ellant herein are the manufacturers of Bolts, Nuts and Screws falling under sub-heading No. 73181500 and 73181600 of the CETA, 1985 and cleared the final products on payment of duty and availed Cenvat credit of duty/service tax paid on various inputs and input services under the provisions of Cenvat Credit Rules, 2004.  The dispute relates to the period February, 2012 and April, 2012 to Octob .....

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..... .  Hence, a SCN dated 29.05.2014 was issued to the appellants proposing demand of recovery of interest of Rs. 2,49,108/- and appropriation of the same towards the demand.  Proposing invocation of provisions under Section 11 A (4) and 11A (5) of the Central Excise Act, 1944, for suppression of facts in order to avoid payment of appropriate interest on the differential central excise duty .....

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..... d through supplementary invoices and this has been brought to the notice of the department vide ER-1 returns filed.   The ld. Counsel argued that the duty was paid soon after raising the supplementary invoices and intimated accordingly, provisions of Section 11A (4) and 11A (5) cannot be invoked for suppression of facts.  He further submits that non-payment of interest is not delibe .....

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..... e duty is  short levied or short paid, it is mandatory that interest is payable and for such non-payment or delayed payment of interest, the appellant assessee is liable for penalty under Rule 25 of CER, 2002.  He further submits that had it not been pointed out by the audit, it would have gone unnoticed.  Hence,   penalty imposed under Rule 25 of the CER, 2002. is sustain .....

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..... on-payment of interest is not intentional but only due to inadvertence and the authority should have had taken a lenient view.  The appellant have deposited 17.5% (on 24.05.2016) of the penalty amount which accounts for 7.5% of penalty to be paid for filing appeal before the Commissioner (Appeals) and 10% of penalty to be paid for filing appeal before the Tribunal.  Hence it is proper to .....

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