2017 (3) TMI 860

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... April 2004 to July 2004 delayed in payment of excise duty. Accordingly the interest of Rs. 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 Rs. 5,000/-; therefore appellant is .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... reiterates 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 15th of following month, and they were supposed to pay duty by 5th 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

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e 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 15th of following month as against the due date of 5th of following month. As per this provision, it is very clear that if the assessee is eligible fo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X