https://www.taxtmi.com/caselaws?id=438341 Where duty arose from provisional assessment, the differential duty had to be worked out on finalisation of that assessment, and a demand under the general recovery provision was premature. The Tribunal treated the amount deposited under protest as recoverable only through the final assessment process, and held that interest and penalty could not survive once the underlying demand failed. It also noted that the statutory provision for interest on finalisation of provisional assessment was introduced later and could not apply retrospectively to the disputed period. The impugned order was set aside and the matter was directed to proceed in accordance with finalisation of provisional assessment. en-us Tue, 28 Mar 2023 00:00:00 +0530 Mon, 29 May 2023 10:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=438341 Where duty arose from provisional assessment, the differential duty had to be worked out on finalisation of that assessment, and a demand under the general recovery provision was premature. The Tribunal treated the amount deposited under protest as recoverable only through the final assessment process, and held that interest and penalty could not survive once the underlying demand failed. It also noted that the statutory provision for interest on finalisation of provisional assessment was introduced later and could not apply retrospectively to the disputed period. The impugned order was set aside and the matter was directed to proceed in accordance with finalisation of provisional assessment. Case-Laws Central Excise Tue, 28 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=438341