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2016 (6) TMI 573 - AT - Central ExciseChargeability - Interest on duty demanded - payable by retrospective amendment in the Finance Bill 2011 enacted on 8.4.2011 for the period 29.4.2010 to 31.03.2011 which is prior to date of enactment of Finance Act, 2011 - Held that:- when the duty became payable only on 8.4.2011, though it is payable for the period prior to 8.4.2011 the duty is recoverable but interest cannot be demanded for the period prior to 8.4.2011. We find that when the duty itself was not leviable during the period before 8.4.2011 which became payable only on 8.4.2011, how the interest can be demanded for the period when duty was not payable. The appellant admittedly paid interest for the delay from 8.4.2011 till the date of payment which is alone is recoverable and not before the said period. Therefore, as per settled position of law in the case of Commissioner of Central Excise Indore Vs. Premier Industries Ltd. [2009 (2) TMI 695 - CESTAT NEW DELHI], interest on retrospective levy of duty as per Finance Act, 2011 is not chargeable for the period prior to date of enactment of Finance Act, 2011 i.e. 8.4.2011. As regard the submission of the Ld. AR that against the aforesaid decision the Revenue has filed an appeal in the Hon’ble High Court of Madhya Pradesh, the Ld. A.R. could not produce any stay of operation of the Tribunal s above referred decision, therefore as a judicial discipline, we have no option accept to follow the ratio of the decision of Co-ordinate Bench of this Tribunal. - Decided against the Revenue
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