2008 (2) TMI 194 - AT - Central Excise

Provisional assessment on enhancement of price differential duty was paid before finalisation of assessment - Revenue pleaded that the appellants are liable to pay interest on differential duty as the same has been paid after clearance of the goods held that u/r 7(4) assesses shall be liable to pay interest only on any amount payable subsequent to the order of final assessment - nothing is due after the order in respect of final assessment was passed interest not payable

Summary

Issues:
- Appeal against setting aside the demand in respect of interest under Rule 7(4) of Central Excise Rules, 2002.

Analysis:
The appeal before the Appellate Tribunal CESTAT, NEW DELHI was filed by the Revenue against an impugned order setting aside the demand in respect of interest under Rule 7(4) of the Central Excise Rules, 2002. The case involved the respondents who were engaged in the manufacture of jelly-filled telephone cables and were clearing the same under provisional assessment order. Subsequently, the prices of the telephone cables were enhanced, leading to the respondents paying the differential duty before the finalization of assessment.

The Revenue contended that as per Rule 7(4) of the Central Excise Rules, the respondents were liable to pay interest from the first day of the succeeding month from which the amount was determined. The Revenue argued that the appellants were obligated to pay interest on the differential duty since it was paid after the clearance of the goods. On the other hand, the respondents argued that as per Rule 7(4) of the Central Excise Rules, interest is payable on any amount subsequent to the final assessment order under Sub-rule (3) of Rule 7. They asserted that since the assessment was provisional and the differential duty was paid before the finalization of assessment, nothing was due after the final assessment order was passed.

The Tribunal examined the provisions of Rule 7(4) of the Central Excise Rules and concluded that the demand was rightly vacated by the Commissioner (Appeals). The Tribunal found that the amount was paid prior to the finalization of assessment, and therefore, nothing was due after the final assessment order. Consequently, the Tribunal dismissed the appeal, stating that there was no infirmity in the impugned order. The decision was made based on the interpretation of Rule 7(4) and the timing of the payment in relation to the final assessment under Sub-rule (3) of Rule 7.

In conclusion, the Tribunal's judgment clarified the application of Rule 7(4) of the Central Excise Rules in the context of interest payment on differential duty, emphasizing the timing of payment concerning the finalization of assessment. The decision highlights the importance of adherence to procedural rules and the significance of the sequence of events in determining the liability for interest payments in excise matters.