TMI Blog2005 (3) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... o June, 1993. The orders of that authority were upheld by the first appellate authority, the Tribunal and, ultimately, by the Apex Court. After the Supreme Court passed the judgment in the case, the appellants paid up the entire amount of duty with interest thereon for the period 1-3-2000 to 30-12-2000. The payment of this interest was on the premise that interest was payable from the date immedia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest on delayed payment of duty. - Subject to the provisions contained in section 11AB; where a person chargeable with 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 ten per cent and not exceeding thirty per cent per annum as is for the time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y is first determined to be payable. Explanation 2. - Where the duty determined to be payable is increased or further increased by the Commissioner (Appeals), Appellate Tribunal or, as the case may be, the Court, the date of such determination shall be, - (a) for the amount of duty first determined to be payable, the date on which the duty is so determined; (b) for the amount of incr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellate stage, explanation 1 and 2 are not attracted. In the result, the assessee's liability to pay interest on duty would fall squarely within the parameters of the above proviso. In other words, they should pay interest on the duty for the period from 26-8-95 to the date of payment of duty. This is the view taken by the lower appellate authority and the same can only be upheld. The appeal is dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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