TMI Blog2017 (9) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest cannot be sustained - appeal allowed - decided in favor of appellant. - Appeal No. E/85303/14-Mum - - - Dated:- 9-8-2017 - Mr. Raju, Member ( Technical ) Ms. Manasi Patil, Advocate, for appellant Shri H.M. Dixit, Assistant Commissioner (AR), for respondent ORDER The appellant, M/s. Mahindra Mahindra, is in appeal against confirmation of demand of interest in respect of the amount paid by them prior to the finalization of provisional assessment. The appellant has pointed out that the issue regarding demand of interest in such circumstances has been decided by the Hon ble Bombay High Court in CEAT Ltd. vs. CCE, Nashik 2015 (317) ELT 192 (Bom.). 2. I find that the Hon ble High Court of Bombay in CEAT Ltd. (su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o order for final assessment is not a situation to be found in the present case. It is not the argument of the Revenue that what was paid by the Assessee as differential duty and prior to finalizing of the assessment, is not correct, accurate or proper computation of the liability. Having found that the final assessment resulted in nothing due and payable to the Government, we do not find any justification then to recover interest. If the interest was to be recovered and was indeed payable on the date on which the Assessee made payment of differential duty and prior to finalization of the assessment, then, the Rule would have specifically said so. In the absence of any such stipulation in the Rules the dictum in the decision of the Hon ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ising supplementary invoices and, then, paying the differential duty which enabled the Revenue to recover interest and relying on the substantive provisions. That is how both the judgments should have been read. If the Tribunal s conclusion is upheld, the Revenue would face proceedings for recovery of interest on the entitlement to refund in cases covered by Rule 7(5) of the Rules. If the differential duty paid and prior to finalization of assessment exceeds the duty leviable in law, then, on final assessment the Assessee is entitled to refund. He may interest on the sum refunded from the date of payment. However, Rule (6) cannot be construed in that manner. Hence, the words such amount is determined appearing in Rule 7(4) and such refund i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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