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2016 (8) TMI 746 - AT - Central ExciseInterest liability for differential Central Excise duty without issuance of show cause notice - Rule 7(4) of the Central Excise Rules, 2002 - supply of pre-stressed railway sleepers to Indian railways at the Provisional Price, which was finalised subsequently - Held that:- Sub-rule (4) of Rule 7 mandates that the assessee shall be liable to pay interest on any amount payable, consequent upon passing of order of final assessment sub-rule (3) of the said rule. Thus, it is apparent that the interest liability is automatic, if the differential duty, as a result of finalisation of assessment, is paid subsequently. Further Rule 7 of the Central Excise Rules, 2002, no where specifies that for payment of interest, show cause notice has to be issued by the Department. Hence, there is no requirement of issuance of any specific show cause notice for recovery of the interest amount. In the present case since the adjudication order has clearly provided that the interest is required to be paid in terms of Rule 7(4) of the rules, we do not find any infirmity in the said order and also in the impugned order passed by ld. Commissioner (Appeals). - Decided against the appellant
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