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TMI Blog2008 (1) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... be @ 13% as notified by the Central Govt. in the notification - there is no reasoning in the order calling for penalty, so penalty levied is waived - E/545/2006 - A-205/KOL/2008 - Dated:- 25-1-2008 - Shri D.N. Panda, Member (J) Shri M.K. Guhaneogi, Consultant, for the Appellant. Shri N.C. Chaudhary, JDR, for the Respondent. [Order] - This appeal involves a very short question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, the penalty may be waived at the interest of justice and the interest may be directed to be demanded at the rate notified. 3. The ld. JDR appearing for the Revenue fairly submitted that if there is statutory mandate, the order of adjudication should not travel beyond that. Therefore, the rate of interest applied invoking Rule 83 of the Central Excise Rules, 1944 was proper since ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ercised such power, the rate of 13% fixed by the Notification aforesaid should be applied. Therefore, direction to pay the demand of duty beyond the stipulated period with interest @ 13% for the default period, shall meet end of justice. Therefore, the impugned order is liable to be modified to such extent and the interest of 13% on the defaulted amount should be realisable. 5. So far as the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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