2011 (2) TMI 498

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....94 to 31-7-94. A show-cause notice dated 7-9-94 was issued by the Jurisdictional Asst. Collector proposing denial of benefit of exemption claimed by the appellant against which the appellant approached the Hon'ble Bombay High Court. The Hon'ble High Court vide Order dated 23-9-94 allowed the Asst. Collector of Central Excise, Thane Division III to proceed further with the hearing of show- cause notice and to pass order of adjudication on the issue involved after hearing the party. 2. The Asst. Collector vide adjudication order dated 27-5-1995 denied the benefit of concessional duty under Notification No. 20/94 and held that they are liable to pay duty @ 30% for the period under dispute and confirmed duty demand of Rs. 9,47,490/- for....

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....887/- covering the period 20-9-94 to 21-12-94. The appellant subsequently withdrew the petition and the Hon'ble High Court vide order dated 15-10-2004 allowed the appellant to withdraw the petition and the appellant also paid differential duty amount to Rs. 24,95,887/- on 23-11-04. The Deputy Commissioner of Central Excise vide order dt. 23-3-2005 asked the party to pay interest on the aforesaid amount on the ground that the same is recoverable under Section 11AA of Central Excise Act, 1944. The appellant vide letter dt. 24-12-04 replied that since they have not received any communication regarding finalization of the provisional assessment or final assessment order, the demand made for recovery of interest is premature and without authorit....

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....hat the provisional assessment may be finalized and the applicant herein may be allowed to recover the amount payable by the respondent herein forthwith." Further in the affidavit dated 30-8-95 filed by the department in petition No. 3725/1995, in para 15 has inter alia stated as follows :- "With reference to paragraph 10, sub-paragraph (d) of the petition I say that by order dated 23-9-94 petitioners were informed that they were allowed to clear the goods on provisional basis viz. that on furnishing B-13 bond and Bank Guarantee" which is the procedure followed in the assessment." From the documents adduced, it is clear that the assessments were provisional and they were subsequently finalized. There was no provision to demand inte....