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TMI Blog2011 (4) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... achalam, Advocate For the Respondent/s Per Jyoti Balasundaram The adjudicating authority confirmed a demand of Rs.7,73,766/- against the appellants and also ordered recovery of interest under Section 11AB of the Central Excise Act, 1944 for the period in dispute namely March 2001 to March 2002. The assessees challenged only levy of interest and did not dispute the duty liability be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... direction under the provisions of Section 37B of the Central Excise Act, 1944, the assessees can plead that they are not liable to interest but the payment, in the present case, is within the period of 45 days from the date of adjudication order and payment within 45 days of adjudication order is not covered by the proviso to Section 11AB as it stood w.e.f 11.5.2001. Ld. counsel, on the other han ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not in terms of an order or instruction or direction issued by the Board under Section 37B and hence interest liability will arise subsequent to 11.5.2011. As regards the period prior to 11.5.2001, the assessees are not liable to interest as this is not a case where the extended period of limitation has been applied against them. 3. The appeal is thus partly allowed by holding that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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