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2013 (12) TMI 671 - AT - Central ExciseApplication of Section 11AA of the Central Excise Act, 1944 – Waiver of Pre-deposit – Held that:- The applicant deposited entire amount of duty on the basis of duty ascertained by Central Excise officer, before issue of notice - in view of Section 11A (1)(b) of the said Act, the applicant is also liable to pay interest along with duty - the demand was not time barred - The case of EID Parry was with reference to Section 11AB as it was originally introduced by Section 76 of Finance Act, 1996 - Section 11AA as it stands now makes it very clear that interest is payable if duty payment is delayed – Following CCE Pune Vs SKF India Ltd. [2009 (7) TMI 6 - SUPREME COURT] - interest provision would apply even when deposit is made before issue of SCN - the applicant is liable to pay the amount of interest – Thus, the applicant is directed to deposit a sum of Rupees Ninety five lakhs as pre-deposit – upon such submission rest of the amount to be stayed till the disposal – Partial stay granted.
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