2008 (4) TMI 756

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....visional assessment were considered, and in the second category, two cases where there was no provisional assessment were considered. The dispute in this appeal relates to first category of cases. As regards the second category of cases, the learned Commissioner held that the assessee was liable to pay interest in terms of sub-section (2B) of Section 11-AB of the Central Excise Act. It was stated by the assessee's counsel that the said part of the order, which was adverse to the assessee, stands set aside by this Tribunal. This, however, has no bearing on the dispute involved in the present appeal. 3. As indicated above, the appeal relates to 13 cases in which assessments were provisionally made in terms of Rule 7 of the Central Excise....

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....ate of law contained in Rule 7(4) of the Rules read with Section 11 AB of the Act. Rule 7(4) runs as follows:- "The assessee shall be liable to pay interest on any amount payable to Central Government, consequent to order for final assessment under sub-rule (3), at the rate specified by the Central Government by notification issued under section 11AA or section 11AB of the Act from the first day of the month succeeding the month for which such amount is determined, till the date of payment thereof." From a bare reading, it is manifest that the assessee is liable to pay interest from the first day of the month succeeding the month "for which" assessment is made and the amount of duty is determined. The expression &quot....