Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (1) TMI 338 - AT - Central ExciseDemand of interest - Misdeclaration of goods - Imposition of penalty - Held that:- The respondent is not in appeal against the impugned order and has discharged the Central Excise duty confirmed by the adjudicating authority. We find merits in the submissions made by the learned departmental representative as to the interest liability arises when the demand is confirmed. We find that the show cause notice seeks to impose interest under provisions of section 11AB of the Central Excise Act 1944 and the adjudicating authority has also imposed the interest under the same section - provisions of Section 11AB came into the statute from 28 September 1996. Any interest liability on the amount of duty for the period prior to 28/09/1996 does not arise, is the law settled by the Apex Court. Respectfully following the same, in the case in hand, any interest liability prior to 28/9/96 is not liable to be imposed - Decided against Revenue.
|