NATIONAL FERTILIZERS LTD. Vs. COMMISSIONER OF C. EX.

JUDGEMENT

(1.) THIS order will dispose of the above captioned two appeals which have been directed against the impugned order -in -originals, dated 30 -11 -2001 passed by the Commissioner vide which he has confirmed the duty demand of Rs. 74,11,154/ - (in appeal No. E/917) and Rs. 4,37,05,930/ - (in appeal No. E/918) and also directed the appellants to pay interest thereon @ 24% under Section 11AB.

(2.) SINCE facts and issues involved in both the appeals are identical, these are being disposed of by this common order. So far as confirmation of the duty on the appellants is concerned, the same has not been challenged in the present appeals before us by the learned Counsel. According to the Counsel duty so confirmed had already been deposited by the appellants even before the issuance of the show cause notice. What has been contested by the learned Counsel very vehemently is the charging of interest from the appellants under Section 11AB. The learned Counsel has contended that duty was deposited before the issuance of show cause notice and as such no interest could be charged from the appellants. He has also contended that since there had been no suppression of facts or fraud played by the appellants, the provisions of Section 11AB for charging interest could not be invoked. On the other hand, the learned SDR has reiterated the correctness of the impugned order.

(3.) IN appeal No. E/9188, the learned Counsel, however, without contesting the duty liability of the appellants, further submitted that there had been mistake in the calculation of the duty amount. According to him, wrong price list had been accepted for computing the duty amount and this mistake deserves to be corrected. The learned SDR has no objection if for this purpose, the matter is sent back to the adjudicating authority.