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2011 (3) TMI 726 - HC - Central ExciseProvision under sub-section (1) of Section 11A - The assessee-M/s. Presscom Products is a manufacturer of excisable goods falling under Chapter sub-heading No. 8714.00 of the Schedule to the Central Excise Tariff Act, 1985. They preferred a refund claim of Rs. 27,802/- in respect of interest amount paid by them under protest on the differential duty paid on the supplementary invoices raised during the months of July, September and November 2003 due to revision in price of their products after the dates of clearance - The provisions of sub-section (2B) shall not apply to any case where the duty had become payable or ought to have been paid before the date on which the Finance Bill, 2001 receives the assent of the President - Therefore, this provision is made only prospective - It has no retrospective operation - The intention of the legislature is made clear by express words by incorporating sub-section (2C) by the very same amendment by which this interest on delayed payment of duty was made leviable - Therefore, the order passed by the Tribunal holding that as the duty was paid even before the issue of show cause notice under sub-section (1) of Section 11A and, therefore, no interest is leviable is contrary to the aforesaid statutory provision as well as the law declared by the Apex Court and, therefore, it cannot be sustained - Accordingly, it is hereby set aside - The substantial question of law framed in this appeal is answered in favour of the revenue and against the assessee.
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