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2014 (11) TMI 328 - CESTAT CHENNAILevy of interest on removal of goods as such - demand of interest under Section 11AB of the Central Excise Act, 1944 from the date of actual clearance and the date of reversal of the credit - Held that:- Expression ‘on the date of such removal is referable to the rate applicable to such goods and it cannot be understood to mean that the duty should be paid at the time of removal in terms of substituted provisions. The expression ‘on the date of such removal’ stands deleted in the new sub-rule (4) to Rule 3 of CENVAT Credit Rules, 2002 - assessee has paid the duty at the end of the month i.e. much prior to the 5th day of the following month or in case where the removal had taken place in March before 31st March of the relevant year. In such circumstances, it cannot be said that the there has been delay in payment of duty so as to invoke Section 11AB of the Central Excise Act, 1944. Even though the Tribunal has proceeded on the basis that the deposit was made prior to the issuance of show cause notice, on facts, we found, such a contention is not tenable - No reason to interfere with order passed - Decided against Revenue.
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