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2016 (11) TMI 149 - AT - Central ExciseDemand of duty with interest - Captive consumption - Rule 7 of Central Excise Rules, 2001 - Rule 8 of the Valuation Rules - Held that: - the issue is no more res integra as the Hon’ble High Court of Bombay in the case of CEAT Ltd. vs. CCE, Nashik [2015 (2) TMI 794 - BOMBAY HIGH COURT], upheld the Tribunal's order that interest liability does not arise when the assessments are finalized and there is no demand of differential duty. The said judgment of the Hon’ble High Court of Bombay was carried in appeal by the Revenue to the Hon’ble Supreme Court and the apex court by an order dated 14.12.2015, after condoning the delay, dismissed the special leave petition filed by the Revenue. It would mean that the apex court has settled the law that the interest liability does not arise when the amount is paid before the finalization of the provisional assessment on its own by an assessee - appeal allowed - decided in favor of appellant.
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