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2016 (3) TMI 133 - AT - Central ExciseInterest on differential duty demanded - Held that:- From the reading of the Rule 7 (4) of CENTRAL EXCISE RULES, 2002 it is seen that interest is payable only when any amount is payable consequent to the order for final assessment. When no amount is to be paid consequent to the order of final assessment, sub-rule 4 is not attracted at all. As decided in J.K. Synthetics Ltd. Vs. CTO [1944 (5) TMI 21 - SUPREME COURT OF INDIA] so long as the assessee pays the tax which according to him is due on the basis of information supplied in the return filed by him, there would be no default on his part to meet his statutory obligation under Section 7 of the Act and, therefore, it would be difficult to hold that the “tax payable” by him ‘is not paid’ to visit him with the liability to pay interest under Clause (a) of Section 11 B. It would be a different matter if the return is not approved by the authority but that is not the case here. It is difficult on the plain language of the section to hold that the law envisages the assessee to predicate the final assessment and expect him to pay the tax on that basis to avoid the liability to pay interest. That would be asking him to do the near impossible. - Decided against revenue
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