9911796707
TMI Blog2017 (3) TMI 860X X X X Extracts X X X X X X X X Extracts X X X X ..... titled to N/N. 8/03 dated 01.03.2003. However, they have not availed this exemption and opted for payment of full duty on goods which were eligible for SSI exemption - In terms of rule 8 second proviso,, it is very clear that if the assessee is eligible for exemption and avail SSI exemption then only he is entitled for payment of duty by 5th of following month. In the present case, even though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004 delayed in payment of excise duty. Accordingly the interest of ₹ 32000/- on the delayed period was demanded and equal amount of penalty under Section 11AC was also imposed. Being aggrieved by the Order-in-Original the appellant filed appeal before Commissioner (Appeals) who upheld the demand of interest, however, reduced the penalty to ₹ 5,000/-; therefore appellant is before me. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rates the finding of the impugned order. He submits that since the appellants have not availed the SSI exemption notification during the period April to July 2004 they are not eligible for payment of duty on monthly basis by 15 th of following month, and they were supposed to pay duty by 5 th of following month. Therefore, for the delayed period they were liable to pay the interest. Accordingly, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igible for SSI exemption. In terms of rule 8 second proviso, wherein the assessee is availing the exemption under notification based upon the value of the clearance of the financial year the duty on goods cleared during the current month shall be made by 15 th of following month as against the due date of 5 th of following month. As per this provision, it is very clear that if the assessee is el ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
