2003 (1) TMI 445 - AT - Central Excise

Summary

Issues:
Rectification of mistake in the Final Order regarding demand for interest under Section 11AA and 11AB of the Central Excise Act.

Analysis:
The applicant, M/s. Indian Refrigeration Industries, sought rectification of a mistake in Final Order No. 403, 2002-B, dated 20-9-2002, related to the demand for interest. The Advocate for the Appellant argued that the demand for interest was upheld by the Appellate Tribunal for the period from 2-5-91 to May 1995, but was dropped for the period thereafter. The contention was that Section 11AA, which provides for interest on unpaid duty, was not applicable to the case. It was highlighted that interest could only be demanded under Section 11AB in cases of wilful suppression and misstatement, and that Section 11AB did not apply to demands prior to the Finance Act, 1966. The Applicant challenged the demand for interest based on the grounds of misrepresentation and suppression, invoking the extended period of limitation. The Tribunal, however, upheld the demand for interest for the period after May 1995.

In the judgment, the Tribunal noted that Section 11AA of the Central Excise Act was inserted with effect from 26-5-95, providing for interest on unpaid duty if not paid within three months from the date of determination under Section 11A(2). On the other hand, Section 11AB, inserted with effect from 28-9-96, pertains to cases of fraud, wilful misstatement, or suppression of facts, requiring interest to be paid from the first day of the month following the month in which duty should have been paid. The Tribunal disagreed with the contention that there was an error in confirming the demand for interest from June 1995, as interest could be demanded under Section 11AA when the extended period of limitation was invoked. The judgment clarified that Section 11AB does not exclude the operation of Section 11AA in cases of duty demand due to fraud or collusion. As the demand for interest was confirmed post-May 1995, when Section 11AA was in effect, the Tribunal found no mistake in the record and rejected the application for rectification.

Therefore, the Tribunal concluded that the demand for interest from the Applicant for the period after May 1995 was valid under Section 11AA of the Central Excise Act, and there was no error apparent on the face of the Order requiring rectification.