TMI Blog2015 (4) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... te specified in Sub-Section (2) where such payment is made voluntarily or after determination of the amount of duty under Section 11AA of the Act. Therefore, this provision is prospective in nature. It has no application to the period prior to 08.04.2011. The period which is the subject matter of this appeal is anterior to the amendment. During the said period, as rightly pointed out by the Tribunal, there was no provision of levying of interest on duty paid after determination of the dispute. - Decided against Revenue. - CEA No. 4/2006 - - - Dated:- 28-1-2015 - N. Kumar And B. Veerappa,JJ. For the Appellant : Sri Y Hari Prasad, Adv. For the Respondents : Sri N Anand Sri K S Ravi Shankar, Advs. ORDER Per: N Kumar: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions and the assessee has cleared the goods at the appropriate rate as applicable on the date of clearance and their duty of escalation charges has been paid on the date of raising supplementary invoice. They contended that the provisions of Rule 173G would arise when the assessee does not pay the duty payable by the due date and that interest would be payable from the due date till the date of actual payment of outstanding amount. The due date in the present case would be the date of supplementary invoice and not clearance of goods. The Assessing Authority held that the assessee has not discharged appropriate duty at the time of clearance and therefore, interest would be chargeable and accordingly, he levied interest. 3. Aggrieved by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Levy of interest was set aside. 5. Aggrieved by the said order, the revenue is in appeal. 6. We have heard the learned counsel appearing for both the parties. 7. The Parliament, after taking note of this loophole has amended the law by inserting Section 11AA in the Central Excise Act, where it is provided that notwithstanding anything contained in the judgment, decree or order or directions of the Appellate Tribunal or any Court or in any other provisions of this Act or the Rules made there under, the person, who is liable to pay duty shall in addition to the duty be liable to pay interest at the rate specified in Sub-Section (2) where such payment is made voluntarily or after determination of the amount of duty under Section 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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