ALLUMINIUM PROFILES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The learned Counsel for that purpose has placed for our consideration the instructions issued by the Government of India, Ministry of Finance (Department of Revenue), the Central Board of Excise and Customs dated 5th August, 1985 contained in F. No. 289/56/85-CD.9. By that circular it is set out that the powers of the Principal Collector of Central Excise to pay by installments have been withdrawn and this issue had been under consideration of the Government for some time past. The Government had now decided to delegate to Principal Collector of Central Excise the power to grant, in individual cases, the facility of payment of Central Excise dues upto twelve installments, on merits. The facility was to be granted only in deserving cases, taking into account the financial position of the assessee, the long term interest of revenue and on the usual terms and conditions with simple interest 17.5% compounded at the end of each month chargeable from the date of confirmation of the demand. This was further clarified by Circular No. 32/32/94/CX dated 11.4.1994. Relying upon these circulars, the learned Counsel submits that it is open to grant installments.

(3.) The application in the instant case was field on 31.5.2007. It was allowed to be proceeded with on 22.1.2008. The settlement commission thereafter passed an order on 31.10.2008. Section 32-F has been substituted by Act No. 22 of 2007 with effect from 1.6.2007.