9911796707
TMI Blog2024 (12) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... L MAHAR, MEMBER (TECHNICAL) APPEARANCE: For the Applicant: Shri Shailesh P Sheth, Advocate appeared. For the Respondent: Shri Rajesh K Agarwal, Superintendent (AR) appeared. RAMESH NAIR Shri Shailesh P Sheth, appearing on behalf of the applicant in support of his ROM application submits that the appellant have made a detailed submission and ground on limitation for the purpose of setting asid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erintendent (AR) appearing on behalf of the Revenue, supports the order. He submits that this Tribunal has consciously ordered for payment of interest. Therefore, the order does not suffer from any error apparent on record. 3. We have carefully considered the submissions made by both the sides and perused the records. We find that this Tribunal in para 4 of the order dated 08.02.2024 given the fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he department. Accordingly, there is no suppression of fact on the part of the appellant. Hence, the entire demand is prima-facie time bar. However, the appellant have admittedly paid the amount of Rs. 60,15,116/- and they are only contesting the penalty. Taking into consideration, the entire facts and circumstances of the case we are of the view that though the demand is prima facie time bar but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Rule 6 (3) of Cenvat Credit Rules, 2004, the said payment was mentioned, however it is clear that the entire case was time barred and for this reason only, the entire penalty was also set aside. Once, the demand itself is hit by time bar, consequential interest is also not payable. Therefore, we agree with the submission of Learned Counsel that to the extent this Tribunal has demanded the inter ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
