2008 (1) TMI 320

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..... ] - This appeal involves a very short question that whether interest on the defaulted amount of duty shall be payable at the rate of 13% as informed under Notification No. 66/2003-C.E., dated 12-9-2003 or at any different rate that was contemplated in the order of adjudication. 2. The ld. Counsel appearing for the appellant states that the rate of interest applicable to the defaulted amount of du .....

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..... Excise Rules, 1944 was proper since there was no levy of interest under Section 11AB of the Central Excise Act, 1944. 4. Heard both sides and perused the record. There is no dispute by the ld. Counsel that there was a default in payment by the days of delay as per order and interest was leviable being mandate of the statute. But the authorities having travelled beyond the statutory mandate that i .....

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..... ount should be realisable. 5. So far as the penalty is concerned, there is no whisper in the order showing the reason why penalty was leviable and even there is no reasoning in the order calling for penalty. As such, the levy appears to be irrational. Accordingly, the penalty levied is waived. 6. Appeal is allowed in the terms aforesaid. (Dictated and pronounced in the open Court)
Case laws .....

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