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2015 (11) TMI 87 - AT - Central ExciseInterest liability - Provisional assessment - Held that:- Appellant had paid the entire differential duty before the finalisation of the provisional assessment sought. There is no dispute that the provisional assessment were finalised by the authorities on 27.08.2012, after almost two months when the appellant paid the differential duty arising out of such finalisation and there is no difference in duty paid. I find that the first appellate authority has not considered this vital fact in his order and also on the provisions of Section 7(4). The said rules specifically states that the interest liability arises on the assessee consequent to the order of final assessment as per sub-rule (3). In the case in hand, when the amount is already discharged and on final assessment there are no dues from the appellant, liability of interest does not arise. - issue is now settled by the Hon'ble High Court in CEAT Ltd. [2015 (2) TMI 794 - BOMBAY HIGH COURT] as well as earlier decision holding that interest is not payable if assessee pays the duty before finalisation, I find the impugned order is unsustainable and liable to be set aside - Decided in favour of assessee.
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