2018 (2) TMI 565

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the duty. 3. The Ld. Advocate for the appellant submits that the aforesaid question has been answered in favour of the assesse by the Hon'ble Bombay High Court in the case of CEAT Ltd. Vs CCE - 2015 (317) ELT 192 (Bom.). The said judgment of the Hon'ble Bombay High Court has later upheld by the Supreme Court reported as Commissioner Vs CEAT Ltd. - 2016(342) ELT A-181 (SC). 4. Per contra, Ld. AR for the Revenue, on the other hand, submitted that in the subsequent judgment of the Hon'ble Allahabad High Court reported as Bharat Heavy Electricals Ltd. CCE Kanpur, 2015 (323) ELT 417 (All.) the issue is decided in favour of the Revenue observing that interest is leviable after expiry of one month from the date of provisional assessment direc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng, it is possible that the Revenue will determine the duty liability and to that of something more that has been recovered in the provisional assessment. When that exercise is finalized and consequent thereon that the Assessee shall be liable to pay interest on any amount payable to the Central Government. Thus, the liability to pay interest arises on any amount payable to Central Government and consequent to order for final assessment under Rule 7 sub-rule (3). We are in agreement with the Assessee in the present case that the later part of sub-rule (4) is not attracted. The liability to pay interest on any amount payable to Central Government consequent to order for final assessment under Rule 7 sub-rule (3). We are in agreement with the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s Larger Bench decision. The Larger Bench decision took assistance of the substantive provisions and particularly Section 11A and Section 11AB of the Act. We have already noted as to how Section 11A(1) operates. The notice under the same can be issued provided there is a satisfaction reached in terms of that provision. That notice need not be issued in the cases which are dealt with by sub-section (2B) as held in SKF India Ltd. (supra). Therefore, that sub-section together with the proviso and explanation making specific provision for recovery of interest and enabling the Revenue to recover it, that the Hon'ble Supreme Court reached a conclusion that on price revision the Assessee was liable to pay interest on the differential duty. That wa....