9911796707
TMI Blog2018 (7) TMI 1197X X X X Extracts X X X X X X X X Extracts X X X X ..... , there was no confirmation of demand of duty either under Rule 12 of Cenvat Credit Rules, 2002 nor under Section 11A of the Central Excise Act, 1944 - in the absence of any confirmation of demand under Section 11A of the Central Excise Act, 1944 or under Rule 12 of the Cenvat Credit Rules the interest demanded does not sustain - appeal allowed - decided in favor of appellant. - APPEAL No. E/1772/2008-EX[DB] - A/71028/2018-EX[DB] - Dated:- 12-4-2018 - Mr. Anil Choudhary, Member (Judicial) And Mr. Anil G. Shakkarwar, Member (Technical) Shri Ajay Aggarwal, Advocate Ms. Mallika Joshi, Advocate, for Appellant Shri Mohd. Altaf, Assistant Commissioner (AR), for Respondent ORDER Per: Anil G. Shakkarwar The present app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icated through impugned Order-in-Original dated 25/02/2008, wherein the learned Original Authority in Para 5.6 held that credit of AED (GSI) accrued during the period from 01/04/2000 to 31/03/2003 was correctly utilized by the appellant towards the payment of duty of Excise (BED) on 31/03/2003. He, further, held that interest was payable on the amount defaulted by the appellant under Rule 12 Rule 8 of Central Excise Rules, 2001 2002 respectively prevailing at the relevant period read with Section 11AB of the Central Excise Act, 1944 from the date when the duty became payable i.e. 05/08/2001 till it was paid on 31/03/2003. In result, the learned Original Authority directed the appellants to pay interest of ₹ 69,11,197/-. Being aggr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Show Cause Notice was issued on 01/04/2004 beyond the normal period of limitation and for that reason also the demand of interest was not sustainable. 4. Heard the ld. A. R. for Revenue. He has submitted that the due duty as on 05/08/2001 was not credited to the exchequer till 31/03/2003 and therefore order to pay interest is legal and proper. 5. Having considered the rival contentions and on perusal of the facts on record, on perusal of Rule 12 of the Cenvat Credit Rules, 2002 and Section 11AB of the Central Excise Act, 1944, we find that Rule 12 provided for recovery of interest only along with recovery of Cenvat credit taken or utilized wrongly, We, further, find that Section 11AB of the Central Excise Act, 1944 is invocable only ..... X X X X Extracts X X X X X X X X Extracts X X X X
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