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2015 (9) TMI 1376 - AT - Central ExciseDemand of interest u/s 11AA - whether demand of interest under Section 11AA is sustainable or otherwise - Held that:- Sub-Rule (3) of Rule 57I and Sub-Rule (8) of Rule 57U of CER clearly stipulates the recovery of interest where the appellant ails to pay amount determined within 3 months from the date of order the interest shall be payable as per Section 11AA of CEA. By virtue of the above provision of Rule 57(I) and Rule 57(U), Section 11AA is made applicable for demand of interest in recovery of modvat cases. - once the demand is confirmed and the same is upheld by the higher Appellate Forum the interest is automatic. The appellants having availed and utilized the credit for payment of excise duty which is due to the govt. interest is leviable for which no notice is required. - interest is payable on the amount already confirmed and upheld by the Tribunal which was belatedly paid only after the Tribunal's order. Accordingly, the impugned order is upheld - Decision in the case of CCE & C Aurangabad Vs Padmashri V.V.Patil S.S.K. Ltd. [2007 (7) TMI 6 - HIGH COURT, BOMBAY] followed - Decided against assessee.
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