SUPERTIK INDUSTRIES Vs. COMMISSIONER OF C. EX., BANGALORE

JUDGEMENT

(1.) AFTER hearing for sometime with reference to the stay application filed by the party, I find that the matter itself can be disposed off on the limited issue. Accordingly, appeal was taken for regular hearing with the consent of both sides by waiving the pre -deposit for the purpose of hearing the appeal.

(2.) THE appellants are the manufacturers of Hot re -rollable products of non -alloy steel i.e. Rectangular Bars, M.S. Bars, M.S. Squares falling under Chapter Heading 7214.00 of Central Excise Tariff Act, 1985. The appellants opted to pay duty under provisions of Rule 96ZP(3) of Central Excise Rules, 1944 at the rate of Rs. 37,030/ - per month. As per Rule 96ZP the appellants are required to pay the whole duty on 10th of the same month. But the appellants paid the duty on 10th of the following month.

(3.) SHRI Loknath, ld. Consultant appearing for the appellants submitted that prior to the amendment the party used to deposit the amount in the subsequent month and as per the practice the party has deposited the amount before 9th of June instead of making payment on or before 10th of May. He said that interest was also paid for belated payment. Further the major portion of the demand was barred by time.