BHARAT STEEL INDUSTRIES Vs. CCE

JUDGEMENT

(1.) Even though the matter is posted today only for the purpose of considering the stay application, upon hearing both sides it is felt that the appeal itself can be disposed of. Accordingly, after waiver of pre -deposit the appeal is taken up for hearing.

(2.) The appellant is a rolling mill and during the period in dispute it was required to pay duty at compounded rate under Section 3A of the Central demand has been confirmed for period subsequent to the said intimation. This demand is the subject matter of this appeal.

(3.) The contention of the learned counsel for the appellant is that it is well settled that once a unit has closed down no duty demand can be raised on him even under compounded levy scheme. The learned Counsel however, agreed that duty would be payable for the month of September 98 and the amount being Rs. 8423.26. Their amount, he admits is payable by the appellant.