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of <h1>Clarification on Interest Calculation under Section 11AA of Central Excise Act</h1> <h3>CCE., BHUBANESWAR-II Versus ORISSA CONCRETE PRODUCTS (INDIA) PVT. LTD.</h3> CCE., BHUBANESWAR-II Versus ORISSA CONCRETE PRODUCTS (INDIA) PVT. LTD. - 2001 (133) E.L.T. 787 (Tri. - Kolkata) Issues:Interpretation of Section 11AA of the Central Excise Act, 1944 regarding payment of interest on confirmed demands pending recovery before the enactment of the Finance Act, 1995.Detailed Analysis:1. Facts of the Case:- The Assistant Commissioner confirmed an amount of Rs. 1,37,038.00 on 24-1-1983.- Commissioner (Appeals) set aside the order on 27-8-1983.- Tribunal restored the Assistant Commissioner's order on 8-9-1986.- Respondents' appeal to the Supreme Court was dismissed on 13-3-1997.- Respondents paid the duty on 30-10-1999.- Dispute arose regarding the payment of interest from 26-8-1995 to 30-10-1999.2. Contention of the Revenue:- Revenue argued that interest is payable within three months after the date of passing the Finance Act, 1995.- The Act was enacted on 26-5-1995, and interest was correctly paid from 26-8-1995 till the duty payment date.3. Interpretation of Section 11AA:- Section 11AA mandates interest payment if duty is not paid within three months from the enactment of the Finance Act, 1995.- Interest is applicable from three months after the enactment date till the duty payment date.- Purpose is to deter defaulters from delaying duty payments through frivolous appeals.4. Analysis of Tribunal Decisions:- Tribunal's decision in Mukund Ltd. case does not support interest payment from the date of final settlement.- Interest under Section 11AA starts after three months from the enactment date.- Supreme Court's decision in G.T.C. Industries Ltd. case is not applicable as it did not involve the provisions of Section 11AA.5. Judgment:- Commissioner (Appeals) incorrectly interpreted Section 11AA.- Interest should be calculated from three months after the enactment of the Finance Act, 1995.- Revenue's appeal allowed, setting aside the Commissioner's order.This judgment clarifies the interpretation of Section 11AA in the context of interest payment on confirmed demands pending recovery before the Finance Act, 1995. It emphasizes the importance of timely duty payments and upholds the deterrence aspect of interest provisions to prevent delays in settling duty obligations.
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