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    <title>2010 (7) TMI 964 - CESTAT NEW DELHI</title>
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    <description>Interest under Section 11AA of the Central Excise Act could not be demanded or quantified before finalisation of a provisional assessment under Rule 9B, because the principal duty liability had not yet been conclusively determined. In a provisional assessment regime, the amount assessed is only adjusted against the duty finally assessed, so liability becomes final only on completion of the assessment process. On that basis, the interest demand linked to alleged short payment was held premature and unsustainable. The analysis also noted that proceedings under Section 11A could not be initiated before the assessment process was completed, and the issue was decided in favour of the assessee.</description>
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    <pubDate>Tue, 06 Jul 2010 00:00:00 +0530</pubDate>
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      <title>2010 (7) TMI 964 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=170576</link>
      <description>Interest under Section 11AA of the Central Excise Act could not be demanded or quantified before finalisation of a provisional assessment under Rule 9B, because the principal duty liability had not yet been conclusively determined. In a provisional assessment regime, the amount assessed is only adjusted against the duty finally assessed, so liability becomes final only on completion of the assessment process. On that basis, the interest demand linked to alleged short payment was held premature and unsustainable. The analysis also noted that proceedings under Section 11A could not be initiated before the assessment process was completed, and the issue was decided in favour of the assessee.</description>
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      <pubDate>Tue, 06 Jul 2010 00:00:00 +0530</pubDate>
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