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TMI Blog2008 (9) TMI 289X X X X Extracts X X X X X X X X Extracts X X X X ..... rs of theft, the consignment was called back by the respondent when it was found that the goods had been substituted by sand bags. The respondent’s complaint in the jurisdictional police station for pilferage/theft of the export consignment is pending. Following their failure to export the consignment, the respondent honoured the directions of the departmental authorities and paid the central exci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Show Cause Notice furnished to the original authority. Later on, on the basis of rumours of theft, the consignment was called back by the respondent when it was found that the goods had been substituted by sand bags. The respondent's complaint in the jurisdictional police station for pilferage/theft of the export consignment is pending. Following their failure to export the consignment, the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment had come to know all these developments only on receipt of the intimation from the respondent. He found the respondent was not liable to pay interest as, in a string of judicial authorities which he had relied on, the Tribunal, various High Courts and Apex Court, had vacated the demand of interest where the parties had paid duty due before issuance of Show Cause Notice even in cases of clande ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplied only to cases of the assessee making good short payment of duty belatedly on its own ascertainment. I find that the respondent is not liable to pay interest in the instant case as the goods cleared under Bond for export had been exported and the principal itself was not due from them. The demand of interest is therefore not sustainable. 4. As regards the amount of Rs. 7,384/- being inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir Modvat records and have, in fact, not utilized the same till date, in which case no interest can be validly confirmed against them. The above submission made by the ld. Advocate has not been disputed by the ld. DR. As such, we are of the view that in the absence of utilization of credit, no interest can be confirmed against the appellant." 5. The Revenue appeal is dismissed. (Dictated and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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