Provisional assessment and interest liability prevailed, as the Tribunal's relief was overturned on binding precedent.

Provisional assessment under the Central Excise Rules required payment of duty on the prescribed dates and timely finalisation within the allowed period; failure to comply also attracted interest consequences. The same questions had already been decided between the parties in the connected matter, and the earlier Supreme Court-backed view favoured the revenue. Applying that binding position, the Tribunal could not sustain its order or waive interest, and the original authority's order was restored.

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Issues: Whether the Tribunal was justified in allowing the appeal without considering Rule 7(4) of the Central Excise Rules, 2001, and whether it had power to set aside the order and waive interest despite failure to pay duty on the prescribed dates and failure to finalise provisional assessment within the time allowed under Rule 7(3) of the Central Excise Rules, 2001.

Analysis: The questions raised were identical to those already decided between the same parties in the connected matter. The earlier decision, following the Supreme Court's ruling on provisional assessment and interest consequences, had answered the issue in favour of the revenue. Applying that binding view, the Tribunal's order could not be sustained.

Conclusion: The questions of law were answered in favour of the revenue, and the Tribunal's order was set aside while the original authority's order was restored.

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