HINDUSTAN ZINC LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) This is an appeal against the order of the Commissioner (Appeals) No. 300(HKS)CE/JPR -II/2006 dated 10.5.2006.

(2.) Heard both sides extensively.

(3.) In pursuance of the said order, the original authority finalised the provisional assessment for the year 2004 -2005, and held that for the period from 1.4.2004 to 19.12.2004, there was short payment and accordingly, demanded a sum of Rs. 1,16,53,609/ -. However, it was noticed that for the period from 20.12.04 to 31.03.05, the appellant has paid in excess amounting to Rs. 1,70,78,391/ -. The appellant vide their letter dated 14.09.2005 submitted that they would not be claiming refund of excess payment as their smelter units have already availed the excess amount paid by them as CENVAT credit on the goods received by them. He has also ordered for recovery of interest in terms of Rule 7(4) of the Central Excise Rules at the rate prescribed under Section 11AB of the Central Excise Act, 1944. The order of the original authority has been upheld by the Commissioner (Appeals).