TMI Blog2018 (1) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... - Mr. (Dr.) Satish Chandra, President And Mr. V. Padmanabhan, Member (Technical) Shri Rajeev Aggarwal, Advocate for the Appellants-assessee Shri M R Sharma, DR for the Respondent- Revenue ORDER Per: (Dr.) Satish Chandra The present appeal is filed against the order in Appeal No.42/2016 dated 08.12.2016. The period of dispute is from 2011 2013 financial years. 2. Brief facts of the case are that the appellant is engaged in the manufacture of pesticides (DDT). On the date of manufacturing, the appellant has paid the duty provisionally at the applicable rate. 3. The appellant has written to the Ministry for the valuation of the goods. It is only on 24.3.2014, the Ministry has informed the valuation pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omething more that has been recovered in the provisional assessment. When that exercise is finalized and consequent thereon that the Assessee shall be liable to pay interest on any amount payable to the Central Government. Thus, the liability to pay interest arises on any amount payable to Central Government and consequent to order for final assessment under Rule 7 sub-rule (3). We are in agreement with the Assessee in the present case that the later part of sub-rule (4) is not attracted. The liability to pay interest on any amount payable to Central Government consequent to order for final assessment under Rule 7 sub-rule (3). We are in agreement with the assessee in the present case that the later part of sub-rule (4) is not attracted. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions and particularly Section 11A and Section 11AB of the Act. We have already noted as to how Section 11A(1) operates. The notice under the same can be issued provided there is a satisfaction reached in terms of that provision. That notice need not be issued in the cases which are dealt with by sub-section (2B) as held in SKF India Ltd. (supra). Therefore, that sub-section together with the proviso and explanation making specific provision for recovery of interest and enabling the Revenue to recover it, that the Hon ble Supreme Court reached a conclusion that on price revision the Assessee was liable to pay interest on the differential duty. That was because he not only recovered the revised price but passed on the burden of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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