UNION OF INDIA Vs. J K CEMENT WORKS

JUDGEMENT

(1.) The controversy involved in the present case is covered by the judgment of this Court dated 26-3-2008 rendered in bunch of appeals led by Central Excise Appeal No. 2/2005 Rajasthan Texchem Ltd. v . Union of India, 2008 229 ELT 50(Raj.). Accordingly, for the same reasons this appeal is dismissed by deciding the issue in favour of the assessee, and it is held that under Section 112(2)(b) interest can be levied only after 30 days from the date of determination. Since in the present case, the amount was already paid much before determination, therefore, no liability could be fastened against the assessee.