TMI Blog2014 (10) TMI 340X X X X Extracts X X X X X X X X Extracts X X X X ..... accrues whenever there is a delay in payment of duty and interest is a compensatory payment. In the case of J.K. Industries Ltd. [2011 (3) TMI 373 - KARNATAKA HIGH COURT] the Hon'ble Karnataka High Court held that the liability to pay interest is not dependent upon whether the payment is made before finalization or after finalization of the provisional assessment. Liability to pay interest would a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal No. EXCUS-000-APP-303-13-14 dated 29/10/2013 passed by the Commissioner of Central Excise (Appeals), Nashik. 2. Vide the impugned order, the learned lower appellate authority has upheld the confirmation of interest liability to the extent of ₹ 13,71,409/- on the delay in payment of duty during the period of provisional assessment during April 2012 to March 2013. Aggrieved of the same, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will not be any liability to pay interest under sub-rule (4) of Rule 7. Reliance is placed on the decision of the Tribunal in the case of CCE, Nagpur Vs. Ispat Industries Ltd. - 2010 (259) ELT 662 (Bom). It is also contended that in appellant's own case, this Tribunal vide stay order No. S/331/14/SMB/C-IV dated 10/03/2014 has granted waiver from pre-deposit of interest for the preceding period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were not brought to the notice of the Hon'ble High Court. IN all these decisions, it has been clearly laid down that once there is a delay in payment of duty, liability to pay interest will automatically arise irrespective of when the short payment is made good, that is, before or after the finalization of provisional assessment. Accordingly, he pleads that the appellant be put to terms. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short payment of duty was made good before the final assessment order was issued. As regards the reliance placed on the Single Member decision dated 10/03/2004, the Division Bench decision in the case of CEAT Ltd. case was not brought to the notice of the Single Member Bench. In these circumstances, the appellant has not made out any case at all for grant of waiver of pre-deposit. No financial har ..... X X X X Extracts X X X X X X X X Extracts X X X X
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