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2013 (5) TMI 432 - CESTAT NEW DELHIClassification dispute - Demand of duty – Extended period of Limitation - manufacture of forgings and forged articles of iron and steel. - Held that: - Following the decision of Hon’ble Supreme Court decision in the case of CCE, Baroda vs. Cotspun Limited [1999 (9) TMI 87 - SUPREME COURT OF INDIA] wherein, when the classification list approved by the revenue, the Hon’ble Court held that the demand cannot be raised even within the limitation period as provided u/s 11A. However, the said declaration law was neutralized by retrospective legislation amending the provision of Section 11A and laying down that even in the case of approval of classification or price list, the demand can still be raised within the limitation period. In the present case demand is within the limitation period and appellant is not challenging the classification confirmed, thus, no infirmity in the impugned order. Appellant submits that the interest confirmed against the appellant is @ 20% whereas the correct rate was 15% in terms of Notification No. 41/2000 while upholding the confirmation of demand, therefore direction is given to lower authority to quantify the interest at the correct rate applicable during the relevant period.
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