TMI Blog2021 (8) TMI 1115X X X X Extracts X X X X X X X X Extracts X X X X ..... payable on the basis of escalation clause, where it was held that The fact that it is known, later cannot detract from the fact, that the later discovered price would not be value at the time of removal. Most significantly, section 11A and section 11AB as it stood at the relevant time did not provide read with the rules any other point of time when the amount of duty could be said to be payable and so equally the interest. The appellant was liable to pay the interest on subsequent price variation with effect from the date of removal of the goods involved - the refund of the amount of interest already paid by the appellant was erroneous. Appeal dismissed. - EXCISE APPEAL NO. 51844/2017 - FINAL ORDER No.51776/2021 - Dated:- 23-8-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 4.9.2014. It is thereafter that the impugned show cause notice No. 817 dated 17.7.2015 was issued to the appellant proposing the recovery of erroneously paid refund claim of ₹ 4,80,215/-. The said proposal was confirmed vide Order-in-Original No. 691/2016 -17 dated 05.05.2016. The appeal thereof has been rejected vide Order-in-Appeal No. 170-171 dated 29.8.2017. Still being aggrieved said order is assailed before this Tribunal. 2. I have heard Ms Surabhi Sinha, learned Counsel for the Appellant and Shri Nagender Yadav, Authorised Representative for the Department. 3. Both the parties have brought to the notice the decision of Hon ble Apex Court in the case of Steel Authority of India Ltd. vs. Commissioner of Central Excise, R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... month. Interpreting the words in the manner contemplated by the Bench which referred the matter would result in doing violence to the provisions of the Act and 112 the Rules which we have interpreted. We have already noted that when an assessee in similar circumstances resorts to provisional assessment upon a final determination of the value consequently, the duty and interest dates back to the month for which the duty is determined. Duty and interest is not paid with reference to the month in which final assessment is made. In fact, any other interpretation placed on Rule 8 would not only be opposed to the plain meaning of the words used but also defeat the clear object underlining the provisions. It may be true that the differential du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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