2017 (8) TMI 777

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..... 1) TMI 1172 - SUPREME COURT], where it was held that demand of interest as well as the imposition of penalty under the said provisions of Central Excise Rules is ultra vires - interest and penalty set aside - appeal allowed - decided in favor of appellant. - E/103/2006 - 40861/2017 - Dated:- 29-5-2017 - Ms. Sulekha Beevi C.S. Member (Judicial) And Shri Madhu Mohan Damodhar, Member (Technical) .....

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..... nfirmed the duty liability of ₹ 22,97,038/- along with interest and imposed equal penalty. On appeal, vide impugned order, Commissioner (Appeals) redetermined the duty payable as ₹ 33,70,931/-, however confirmed the liability of interest as well as penalty. Hence this appeal. 2. On behalf of the appellant, Ld. counsel Shri M. Mudimannan submitted that appellant has already paid the .....

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..... a) has held that demand of interest as well as the imposition of penalty under the said provisions of Central Excise Rules is ultra vires. Following the same, we hold that the demand of interest and penalty is unsustainable and requires to be set aside. The impugned order is therefore modified to the extent of setting aside interest and penalty without disturbing confirmation of duty liability. Ap .....

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