The levy of interest is on the actual amount, which is withheld and the extent of delay in paying the tax from the due date. The interest cannot be claimed from the date of wrong availment of CENVAT credit and that the interest would be payable from the date CENVAT credit is taken or utilized wrongly.

It is the oft-repeated submission of the counsel that the COD applications are liable to be allowed on the sole ground of pendency of their writ petition before the Hon’ble High Court. No judicial authority has been cited before us in support of the plea. We are of the view that the pendency of the writ petition filed by the appellants who were conscious of the statutory remedy cannot per se constitute a valid ground for condonation of the deliberate delay of over seven years. The appellants have not stated any other valid reason.

The Hon’ble Vice President, CESTAT has ordered as under:- 1. Hence forth appeals and stay applications are to be listed in the cause list chronologically age-wise. 2. Assistant Registrars of the concern Benches will ensure that at least 20 stay applications and 15 regular matters are listed in cause list chronologically.

The question of bar of limitation as well as setting aside the penalty is dependant on the leviability of excise duty on the impugned product. That is an issue which is to be decided by the Apex Court and the Apex Court is already seized of the matter. As the findings on that issue would have direct bearing in deciding the issues arisen in these appeals and all these issues arise out of the very same order, it is settled law that these issues cannot be bifurcated and decided by this court.

CESTAT, MUMBAI BENCH Racold Thermo Ltd. v. Commissioner of Central Excise, Pune I ORDER NOS. S/105/2012/SMB/C-IV/WZB & A/41/2012/SMB/C-IV APPLICATION NO. E/S/ 1920 OF 2010 APPEAL NO. E/1778 OF 2010 MARCH 20, 2012 ORDER 1. The appeal and the stay applications are directed against Order-in-Appeal No. P-I/RKS/123/2010 dated 5.08.2010 passed by the Commissioner of Central Excise [...]

Your attention is invited to the statutory provisions by which committee of two Commissioners/Chief Commissioners have been constituted to review the orders passed by the appellate Commissioners/Commissioners as original adjudicating authority.

The Minister of New and Renewable Energy, Dr. Farooq Abdullah Informed Rajya Sabha today that as per monthly generation report compiled by Central Electricity Authority, 83.483 MU of grid solar power was produced during August, 2012 and 539.205 MU during the period April, 2012 to August, 2012.

The Minister of New and Renewable Energy, Dr. Farooq Abdullah Informed Rajya Sabha today that the Government has announced a National Manufacturing Policy which recognizes the need to launch programmes to build national capabilities in sectors of strategic significance that include solar energy.

The assessee has averred that ‘soft serve’ cannot be regarded as ice- cream since the former is marketed and sold around the world as ‘soft serve’. We do not see any merit in this averment. The manner in which a product may be marketed by a manufacturer, does not necessarily play a decisive role in affecting the commercial understanding of such a product. What matters is the way in which the consumer perceives the product at the end of the day notwithstanding marketing strategies.

Appellant’s signatory director of the applicant company was abroad during the time when the orders were received from the superintendent, and when the orders were served on the consultant. It is the submission of the ld. Counsel that the appellant company or the director was not aware of the receipt of the passing of the order.