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TMI Blog2018 (7) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... cial) Adjournment request for the Appellant (s) Shri S.Mukhopadhyay, Suptd.(A.R.) for the Respondent (s) ORDER Per Shri P.K. Choudhary 1. When the matter was called for hearing none appeared on behalf of the appellant. A letter dated 22.03.2018 has been filed with the Registry on 21.03.2018 by the liquidator of the company mentioning that the company is under the Liquidation Process and requested that the appeal may be decided on the basis of the papers already submitted at the time of filing of the appeal. 2. Heard Ld. D.R. for the Revenue. 3. The brief facts of the case are that the appellant has manufactured and supplied Guidance Wire classifiable under Chapter-85, during the period February, 1999 to March, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alty of ₹ 1,00,000/- under Rule 57I (4) and 173Q of the Central Excise Rules. The Commissioner (A) upheld the demand and interest but reduced the penalty to ₹ 10,000/-. Aggrieved by the order of the Commissioner (Appeals), the appellant has filed the present appeal. For better appreciation of facts, the relevant amendment of Central Excise Rules, 1944 by insertion of new rule 57CCC (2) is reproduced below: 69(2). Where a person opts to pay the amount in accordance with the provisions of the Central Excise Rules, 1944 as amended by sub-section (1), he shall pay the amount along with interest specified thereunder and make an application to the Commissioner of Central Excise along with documentary evidence and a certificate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uivalent to such credit attributable to inputs used in, or in relation to the manufacture of, such final products which are not chargeable to duty, before or after the clearance of such goods: Provided that the manufacturer shall pay an interest at the rate of twenty-four per cent per annum from the date of clearance of goods till the date of payment of the said amount . 1 st day of March, 1997 to 31 st day of March, 2000 (both days inclusive). 4. I find that the authorities below had all along construed that the appellant had violated the provisions of Rule 57CCC. This issue has not been examined. Therefore, in the interest of justice, it is necessary to examine whether the appellant, in fact, has vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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