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2011 (3) TMI 373 - HC - Central ExcisePayment of Interest - Provisional assessment - he duty which was payable by the assessee under Rule 8 on the 6th date of the following month if the duty is paid subsequently through internet banking and on the 5th day of the following month in any other case - Therefore the adjustment is to be made on the date it was actually liable to be paid - Thus, the date of provisional assessment and the date of final assessment have no relevance in deciding the payment of interest - If the duty determined to be paid under the final assessment is not paid on the due date, if it is short paid, not only the assessee has to pay the balance in duty, he is also liable to pay interest on such short payment of duty from the due date. The only advantage is, he will get the benefit of one month from the said due date as is clear from Rule 7(4) - Therefore, the order passed by the Tribunal holding that interest is payable from one month from the date of final assessment order is erroneous and is liable to be set aside - Decided in favour of assessee.
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