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        Case ID :
        Central Excise

        The CESTAT allowed the appeal by the appellants and set aside...

        Interest under amended Section 11AB not retrospective; duty under Section 11A paid within three months, appeal allowed

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The CESTAT allowed the appeal by the appellants and set aside the order confirming interest under section 11AB of the Central Excise Act; it held that duty determined under section 11A was paid within the statutory three-month period, no penalty was imposed and there was no finding of fraud, collusion, wilful misstatement, suppression of facts or statutory contravention that would attract pre-11.05.2001 interest. Interest under amended section 11AB (effective 11.05.2001) cannot be applied retrospectively to the part period 01.04.2000-10.05.2001. Consequently the demand for interest on transit-loss duty was unsustainable and the appeal was allowed in favour of the appellants.
                                Note: It is a system-generated summary and is for quick reference only.
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