9911796707
TMI Blog2017 (11) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... was chargeable only when the non-payment of duty is due to the reason of suppression of fact mis-declaration, fraud, collision, etc. In the present case admittedly there is no such charge on the appellant, therefore the interest for the period prior to 11/05/2001 is not chargeable. The adjudicating authority should re-calculate the interest and recover the same only for the period from 11/05/2001 till the date of payment of the differential duty - appeal allowed in part and part matter allowed by way of remand. - E/459 & 981/08 - A/90576-90577/17/EB - Dated:- 8-11-2017 - Mr. Ramesh Nair, Member (Judicial) And Mr. Raju, Member (Technical) Shri. Pradeep Korde, Consultant for appellant Shri. Sanjay HaSIJA, Supdt. (Ar) for resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set aside. He placed reliance on the judgement in their own case of this Tribunal passed by order No.A/89668/17/EB dated 26/09/2017 wherein though the interest under Section 11AB was upheld but the penalty was set aside. 4. Shri Sanjay Hasija, Ld. Superintendent (AR) appearing on behalf of the Revenue reiterates the findings in the impugned order. 5. On careful consideration of the submissions made by both the sides, we find that the issue lies in a narrow compass that whether in case of short payment of duty demand due to difference in calculation of value under the Valuation Rules, 2000, the appellants are liable for payment of interest and penalty. In the appellant's own case, this Tribunal passed order dated 26/09/2017 wherei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e differential duty. There is nothing on the record to suggest if there had been any suppression of facts by the appellants from the Department while availing the benefit of the above said Notification before the decision of the Apex Court. Even in the show cause notice such an allegation had not been specifically made. It cannot be disputed that before the amendment of Section 11AB w.e.f. 11-5-2001, the interest on a short paid duty could be claimed from an assessee, only if there was suppression of material facts on his part or was guilty of committing fraud, collusion and not otherwise. The period involved in the present appeals is before this amendment i.e (February to March 2001 in E/917) and (July 2000 to January 2001 in E/918). There ..... X X X X Extracts X X X X X X X X Extracts X X X X
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