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2015 (9) TMI 770 - CESTAT NEW DELHI

2015 (9) TMI 770 - CESTAT NEW DELHI - 2015 (330) E.L.T. 367 (Tri. - Del.) - Duty demand - Concessional rate of duty - Demand of interest u/s 11AA - Held that:- During the reading of the said provisions, interest is payable after three months from the date of final determination of duty payable by the assessee. Admittedly in this case duty has been paid by the appellant before their actual determination by the Adjudicating Authority as directed by the Tribunal in remand proceedings. Therefore, re .....

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Shri B. Ravichandran, JJ. For The Appellant : Shri R. Krishnan, Advocate For The Respondent : Shri R.K. Grover, Authorized Representative (DR) Per. Ashok Jindal :- Appellant is in appeal against the impugned order wherein demand and interest has been confirmed against them during the intervened period when there duty liability has been re-quantified by the Adjudicating Authority. The facts of the case are that appellant are manufacturing furnace oil and HPS which are being used for manufacturin .....

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of Gujarat Narmada Valley Fertilizers Co. vs. CCE, Vadodara reported in 2001 (128) E.L.T. 13 (S.C.) held that appellant are required to pay duty on the amount but in both the cases this Tribunal sent matter back to the Adjudicating Authority for re-quantified the demand of duty as per Section 11A (2) of the Central Excise Act, 1944. In remand proceedings duties were re-quantified which were reduced as demanded in the show cause notice. The re-quantified duty was already paid by the appellant bef .....

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f the Central Excise Act, 1944 which is reproduced below :- Interest on delayed payment of duty - [Subject to the provisions contained in Section 11AB, where a person] chargeable within duty determined under sub-Section (2) of Section 11A, fails to pay such duty within three months from the date of such determination, he shall pay, in addition to the duty, interest (at such rate not below eighteen percent and not exceeding thirty-six per cent per annum, as is for the time being fixed by the Cent .....

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