Compact Tools Vs. Cce, Indore

Compact Tools vs Cce, Indore

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi Decided Mar 16, 2012

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Citation: sooperkanoon.com/943040
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Judge: The Honourable Mr. D.N. Panda, Judicial Member
Decided On: Mar 16, 2012
Case Number: Excise Stay Application No. E/S/1961/11 in Excise Appeal No.E/1504/11-SM [Arising out of Order-
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Compact Tools

Advocate For the Appellant : Shri.Udit Jain, Advocate. For the Respondent : Sanjay Jain, DR .

Respondent

Cce, Indore

Excerpt

d.n. panda, judicial member both sides agree to dispose the appeal to reduce dispute. ld. counsel says it was disclosed to the deptt. that due to financial crisis duty could not be deposited duly. there was no circumstance for evasion at all to invite penal consequence of law. 2. ld. representative for revenue says that the order does not show quantum of duty payable and interest for which the order is not executable. ld. dr for the revenue also says that when the order has created a liability, it is only mathematical calculation required to determine the figures for discharge. that can be done if the matter is remanded. duty liability is crystal which should be discharged followed by interest. penalty was also to follow. 3. heard both sides and perused the record. finding dispute on a very limited issue as above, dispensing predeposit by this common order, it is undisputed that liability as to the duty has arisen and that is to be paid to the treasury. if any default was made to make payment, interest shall be payable and the appellant has to discharge that liability. considering the financial difficulties, the penalty is only reduced to rs.5,000/-. with the aforesaid direction, the appeal is remanded to the ld. adjudicating authority to re-compute tax liability followed by interest and penalty of rs.5000/- as expeditiously as possible.

Full Judgment

D.N. PANDA, JUDICIAL MEMBER

Both sides agree to dispose the appeal to reduce dispute. Ld. Counsel says it was disclosed to the Deptt. that due to financial crisis duty could not be deposited duly. There was no circumstance for evasion at all to invite penal consequence of law.

2. Ld. Representative for Revenue says that the order does not show quantum of duty payable and interest for which the order is not executable. Ld. DR for the Revenue also says that when the order has created a liability, it is only mathematical calculation required to determine the figures for discharge. That can be done if the matter is remanded. Duty liability is crystal which should be discharged followed by interest. Penalty was also to follow.

3. Heard both sides and perused the record. Finding dispute on a very limited issue as above, dispensing predeposit by this common order, it is undisputed that liability as to the duty has arisen and that is to be paid to the Treasury. If any default was made to make payment, interest shall be payable and the appellant has to discharge that liability. Considering the financial difficulties, the penalty is only reduced to Rs.5,000/-. With the aforesaid direction, the appeal is remanded to the ld. Adjudicating Authority to re-compute tax liability followed by interest and penalty of Rs.5000/- as expeditiously as possible.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Delh... Same Parties Compact Tools vs Cce, Indore Same Subject Land Acquisition Same Judge The Honourable Mr. D.N. Panda, Judicial Member

Land Acquisition Adjudicating authority Judicial Member By interest If any