9911796707
TMI Blog2024 (3) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... that applies to a claim for the principal amount should also apply to the claim for interest thereon and further in the case of HINDUSTAN INSECTICIEDES LTD. VERSUS COMMISSIONER CENTRAL EXCISE, LTU [ 2013 (8) TMI 225 - DELHI HIGH COURT] , again the said issue was examined by the Hon ble Delhi High Court wherein the Hon ble High Court has held A reading of the aforesaid paragraph would show that in the said case notice of payment for interest was issued after four years and it was held that it was beyond a reasonable period and the department could recover the amount from the Assessing Officer, who had not taken steps for four years and not from the respondent-assessee therein. The finding of the Supreme Court on interpreting the applicable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09 to 03.12.2009, the Revenue observed that the appellant has availed irregular cenvat credit as well as failed to pay the duty on certain goods on certain instances. Therefore, a Memo was issued to the appellant on 07.01.2010 wherein the appellant was liable to reverse irregular cenvat credit and also required to pay short duty. 2.2 Thereafter, a show-cause notice came to be issued to the appellant. 2.3 The matter was adjudicated and the cenvat credit was denied and demand of duty was confirmed. For the period, 2008-2009, the appellant paid the differential duty by way of issuance of supplementary invoices. 2.4 The issue before us is only the payment of interest on supplementary invoices. Therefore, the appeal is taken up only for deciding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whether the appellant is liable to pay the interest on supplementary invoices by invoking extended period of limitation or not ? The said issue has been dealt by this Tribunal in the case of Commissioner Vs. T.V.S.Whirpool Limited reported in 2000 (119) ELT A177 (S.C.) wherein it has been held that it is only a reasonable time that the period of limitation that applies to a claim for the principal amount should also apply to the claim for interest thereon and further in the case of Hindustan Insecticides Limited Vs. Commissioner of Central Excise, LTU reported in 2013 (297) ELT 332 (Del), again the said issue was examined by the Hon ble Delhi High Court wherein the Hon ble High Court has held as under : 14. A reading of the aforesaid parag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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