9911796707
TMI Blog2009 (4) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... /- as required under the Rules. The total outstanding amount was paid subsequently in installments and the payment was completed on 4-7-2003. 2. After issue of show cause notice and adjudication proceedings the demand for interest of Rs. 2,80,015/- was confirmed and penalty of Rs. 70,000/- was imposed on 20-12-2005. 3. In the meantime M/s. Prince Paper Mills closed down their operations and the appellants took over the property and the department required them to pay the interest and penalty which was not paid by M/s. Prince Paper Mills. An appeal was filed by the appellant against the letter of Superintendent requiring them to pay interest and penalty due from M/s. Prince Paper Mills. In the impugned order Commissioner (Appeals) held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... half of the Revenue submits that having given an undertaking and accepting all the liabilities against M/s. Prince Paper Mills, the appellant cannot turn around now and say that they are not liable. She further submitted that as per the law department cannot compel a person to give an undertaking since once application is made for registration is deemed to have been granted. It was open to appellants to challenge the requirement of the department. Further, she also relies on the decision of the Hon'ble Supreme Court in the case of Macson Marbles Pvt. Ltd. wherein it was held that even though a person takes over the business as a result of auction conducted by the State Financial Institution, he would be liable to pay excise dues as per Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y opportunity to participate in the adjudication proceedings and contend against the levy of the penalty. Therefore, in the facts and circumstances of this case, we think it appropriate to direct that the said amount, if already paid, shall be refunded within a period of three months. In other respects, the order made by the High Court shall remain undisturbed. The appeal is disposed of accordingly." 6. In view of the above discussions, appellants are held liable to pay the interest amount demanded from them. Interest is applicable during the relevant period as per the provisions of Notification issued under Section 11AB of Central Excise Act, 1944. The proposal of recovery of penalty from the appellant is set aside. Appeal is decided in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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