https://www.taxtmi.com/caselaws?id=362034 Interest under Rule 7(4) of the Central Excise Rules, 1944 was not sustainable where provisional assessment arose from fluctuating material cost and overheads, and the differential duty had already been paid before finalisation. On final assessment, no duty remained outstanding, so no interest liability survived on the facts. The analysis also applied the principle that, where two High Court views are available, the interpretation favourable to the assessee should be adopted. The interest amount paid was therefore refundable. en-us Tue, 15 May 2018 00:00:00 +0530 Tue, 19 Jun 2018 09:25:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=362034 Interest under Rule 7(4) of the Central Excise Rules, 1944 was not sustainable where provisional assessment arose from fluctuating material cost and overheads, and the differential duty had already been paid before finalisation. On final assessment, no duty remained outstanding, so no interest liability survived on the facts. The analysis also applied the principle that, where two High Court views are available, the interpretation favourable to the assessee should be adopted. The interest amount paid was therefore refundable. Case-Laws Central Excise Tue, 15 May 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=362034