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2017 (5) TMI 1341 - AT - Central ExciseEntitlement to interest on Pre-deposit - finalisation of provisional assessment - whether the amount of Rs. One Crore paid by the respondent, on the directions of ld. Commissioner (Appeals) is to be treated as pre-deposit or an amount of duty, after finalisation of the provisional assessment? - Held that: - Section 37 of the CEA, 1944, Clause (2) (ibb) provides for charging or payment of interest on the differential amount of duty which becomes payable or refundable upon finalisation of all or any class of provisional assessments - Admittedly, after assessment was finalised by this Tribunal, the respondent is entitled to claim interest on the excess duty paid by them before finalisation of assessment. As the amount paid by the respondent was during the pendency of finalisation of their provisional assessment and therefore, the same shall be treated as duty and on finalisation of provisional assessment, the respondent is entitled for interest of intervening period of excise duty paid by them - appeal dismissed - decided against Revenue.
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