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TMI Blog2018 (3) TMI 1274X X X X Extracts X X X X X X X X Extracts X X X X ..... LAHABAD HIGH COURT] held that by application of Sections 22 & 32 of Act, 1985, recovery proceedings against the assessee were not maintainable - it is required to examine the BIFR Order. The appellant should be given an opportunity to place the records in respect of BIFR order for claiming exemption from payment of interest - appeal allowed by way of remand. - E/542/2007-SM & MA(ROM)/75019/2017 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Tribunal ex parte . 3. The Id. AR on behalf of the Revenue submits that the interest is payable along with the demand of duty. There is no error in the Final Order passed by the Tribunal. 4. Heard both sides and perused the appeal records. 5. The relevant portion of the Tribunal's Final Order dated 22-8-2016 is reproduced below :- 2. None appeared on behalf of the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s held correct to that extent. 5. On the issue of imposition of equivalent penalty, it is observed that appellant had duly reflected the entire Service Tax liability in the periodical returns filed with the Department and accordingly it is held that there cannot be any malafide intention on the part of the appellant to evade payment of Service Tax. Service Tax law provides for delayed payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st is not correct and is required to be heard again. 7. Upon consent of both sides, the issue of demand of interest is heard at length. 8. The Ld. Counsel for the applicant submitted that during the material period the applicant company was under BIFR and therefore, interest is not payable as held by the Hon'ble Allahabad High Court in the case of J.K. Cotton Spinning Weaving Mills C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the records in respect of BIFR order for claiming exemption from payment of interest. 12. In view of the above discussion, the Final Order No.FO/A/75856/2016, dated 22-8-2016 insofar as upholding the demand of interest is recalled and the matter is remanded to the adjudicating authority to decide the demand of interest in the light of the above decision and to pass order in accordance with la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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