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    <title>2009 (1) TMI 701 - CESTAT, MUMBAI</title>
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    <description>Interest on amounts arising from finalisation of provisional assessment can be levied only from the date the governing rule expressly creates that liability. Rule 7(4) of the Central Excise Rules, 2001 was treated as materially analogous to the 2002 rule and was read as authorising interest from 1-7-2001, when the 2001 Rules came into force. Section 37 of the Central Excise Act, 1944 was treated as only an enabling provision and not, by itself, a basis to charge interest for the earlier period. Accordingly, the demand for interest prior to 1-7-2001 was unsustainable.</description>
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    <pubDate>Tue, 13 Jan 2009 00:00:00 +0530</pubDate>
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      <title>2009 (1) TMI 701 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=125976</link>
      <description>Interest on amounts arising from finalisation of provisional assessment can be levied only from the date the governing rule expressly creates that liability. Rule 7(4) of the Central Excise Rules, 2001 was treated as materially analogous to the 2002 rule and was read as authorising interest from 1-7-2001, when the 2001 Rules came into force. Section 37 of the Central Excise Act, 1944 was treated as only an enabling provision and not, by itself, a basis to charge interest for the earlier period. Accordingly, the demand for interest prior to 1-7-2001 was unsustainable.</description>
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      <pubDate>Tue, 13 Jan 2009 00:00:00 +0530</pubDate>
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