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2015 (10) TMI 570 - AT - Central ExciseDemand of interest - belated payment of differential duty - Held that:- There is no demand of central excise duty as the appellants paid differential duty by self-assessment under Section 11A (2B). The adjudicating authority dealt the issue in detail at para 10 to 15 and clearly held that assessee are covered under sub-section (2B) of Section 11A of Central Excise Act. I find that when appellant could not quantify the value as per CAS, they ought to have opted for provisional assessment. Instead they chose to pay differential duty for every quarter on self-assessment. Once the differential duty is paid it is covered under Section 11A (2B) and interest is automatic. - Further the Hon'ble Supreme Court in the subsequent judgement in the case of CCE Vs International Auto Ltd. (2010 (1) TMI 151 - SUPREME COURT OF INDIA) also upheld that demand of interest under Section 11AB by referring to their order in the case of SKF India Ltd. (2009 (7) TMI 6 - SUPREME COURT). - issue relating to demand of interest on the differential duty paid stands settled by the apex court. By respectfully following the judgement of apex court, I hold that appellants are liable to pay interest demanded in the impugned order - Decided against assessee.
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