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TMI Blog2017 (3) TMI 1408X X X X Extracts X X X X X X X X Extracts X X X X ..... lling Mills Versus Commissioner of Central Excise & Another [2015 (11) TMI 1172 - SUPREME COURT], where it was held that since Section 3A which provides for a separate scheme for availing facilities under a compound levy scheme does not itself provide for the levying of interest, Rules 96ZO, 96ZP and 96ZQ cannot do so - demand set aside - appeal dismissed - decided against Revenue. - E/112, 113/1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant assessee is in appeal against the impugned order so far as the payment of interest is concerned. 3. Ld.Consultant filed a copy of the Hon'ble Apex Court s decision in Civil Appeal No.4280 of 2007 in the case of Shree Bhagwati Steel vs. Commissioner of Central Excise Another, wherein the Hon'ble Apex Court has decided in favour of the asssessee. Paras 30 and 31 are reproduced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereon could be so levied, based on the application of the said Rule 45 or otherwise. 31. Applying the Constitution Bench decision stated above, it will have to be declared that since Section 3A which provides for a separate scheme for availing facilities under a compound levy scheme does not itself provide for the levying of interest, Rules 96ZO, 96ZP and 96ZQ cannot do so and therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduction under Section 3 of the Act and the 1997 Rules is a separate scheme from the normal scheme for collection of Central excise duty on goods manufactured in the country. Under the same, Rule 96-ZP of the Central Excise Rules stipulate the method of payment and Rule 96-ZP contains detailed provision regarding time and manner of payment and it also contains provisions relating to payment of int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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