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2017 (10) TMI 337 - CESTAT BANGALORELiability of interest u/s 11AA of the CEA - case of appellant is that the learned Commissioner (A) has wrongly demanded the interest because when the differential duty payable was determined, Section 11AA was not in existence and hence no interest is payable on the differential duty paid by KMMCL on 30.10.1999 - Circular No.655/46/2002-CX dated 26.6.2002 - Held that: - Section 11AA was brought to the statute on 26.5.1995 and as per the proviso to the said Section as interpreted by the High Court of Gujarat in the case of GUJARAT NARMADA VALLEY FERTILIZERS CO. LTD. AND 1 Versus UNION OF INDIA AND 1 [2016 (10) TMI 276 - GUJARAT HIGH COURT] that it has retrospective application - the Hon’ble High Court has also considered the Board Circular No.655/46/2002 dated 26.8.2002 which was issued specifically in the background of Section 11AB of the Act. Neither the Circular was meant to cover Section 11AA nor the language used in Section 11AA would permit to apply such a clarification which was meant for Section 11AB of the Act - demand of interest upheld - appeal dismissed - decided against appellant.
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