Custom, Excise & Service Tax Tribunal
M/S I. O. C. L vs Commr. Of Central Excise, Bolpur on 9 January, 2012
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL,
EAST REGIONAL BENCH : KOLKATA
SP-194/07
& Ex. Appeal No.238/07
Arising out of O/A No.76/Bol/06 dated 30.11.2006 passed by Commissioner of Central Exise (Appeals), Kolkata.
For approval and signature:
SHRI S. K. GAULE, HONBLE TECHNICAL MEMBER
DR. D. M. MISRA, HONBLE JUDICIAL MEMBER
1. Whether Press Reporters may be allowed to see
the Order for publication as per Rule 27 of the
CESTAT (Procedure) Rules, 1982? :
2. Whether it should be released under Rule 27 of the
CESTAT (Procedure) Rules, 1982 for publication
in any authoritative report or not? :
3. Whether His Lordship wishes to see the fair copy
of the Order? :
4. Whether Order is to be circulated to the Departmental
Authorities? :
M/s I. O. C. L.
APPELLANT(S)
VERSUS
Commr. of Central Excise, Bolpur
RESPONDENT (S)
APPEARANCE Shri Biswajit Mukherjee, Advocate for the Appellant (s) Shri S. Misra, Addl. Commr. (A.R.) for the Department CORAM:
SHRI S. K. GAULE, HONBLE TECHNICAL MEMBER DR. D. M. MISRA, HONBLE JUDICIAL MEMBER DATE OF HEARING & DECISION : 09. 01. 2012 ORDER NO.. Per Shri S. K. Gaule :
The Applicant filed this application for waiver of predeposit of interest.
2. After hearing both sides, we find that the appeal itself can be disposed of at this stage.
3. The contention of the Appellant is that the ld. Commissioner (Appeals) vide Order-in-Appeal No.76/Bol/06 dated 30.11.06, has ordered for charging of interest at the rate of 24% in terms of Section 11AB of the Central Excise Act, 1944 for the period from April, 2003 to August, 2004. The contention of the Appellant is that the interest for the period April 2003 upto 12.09.2003, was at the rate of 15% as per Notification No.19/2002 dated 13.5.2002 and for the period from 12.9.2003 under Notification 66/2003 dated 12.9.2003.
4. The ld.A.R. for the Department reiterates the findings of the ld. Commissioner (Appeals).
5. We find that 24% interest is the upper limit for charging interest and the same will be covered by the aforesaid two Notifications for the relevant period. Since the interest has been determined at the rate of 24%, it is required to be re-determined as per the aforesaid two Notifications. In these circumstances, the order of the ld. Commissioner (Appeals) is set aside and the matter is remanded to the ld. Commissioner (Appeals) for the limited purposes in respect of determination of interest in terms of aforesaid Notifications. Needless to say, a reasonable opportunity of hearing may be given to the Appellant. Appeal is allowed by way of remand. Stay petition also gets disposed of.
Dictated and pronounced in the open Court.
Sd/ Sd/
( DR. D. M. MISRA ) ( S.K.GAULE )
JUDICIAL MEMBER TECHNICAL MEMBER
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Ex.Appeal No.238/07