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2017 (10) TMI 834 - AT - Central ExciseInterest - relevant date for calculation of interest - whether interest is leviable/payable under Rule 7(4) of CER, 2002 immediately from next month to the provisional assessment directed by the department or after finalization of the provisional assessment on determination of the duty? - Held that - In sub Section (3) of Section 18 of the Customs Act,1962 it is clearly laid down that interest would be payable after the provisional assessment is directed, whereas under sub Rule (4) of Rule 7of Central Excise Rules,2002 the interest would be attracted only on determination of duty i.e. the when the duty paid initially by way of provisional assessment, determined through final assessment. The judgement of Hon ble Bombay High Court in the case of CEAT Ltd. vs CCE 2015 (2) TMI 794 - BOMBAY HIGH COURT , would be applicable, where it was held that The liability to pay interest arises on any amount payable to Central Government and consequent to order for final assessment under Rule 7 subrule (3). Appeal allowed - decided in favor of appellant.
Issues:
Interpretation of Rule 7(4) of Central Excise Rules, 2002 regarding the levy of interest on provisional assessment. Analysis: The judgment delivered by the Appellate Tribunal CESTAT Ahmedabad involved a limited question of law regarding the liability of interest under Rule 7(4) of the Central Excise Rules, 2002. The main issue was whether interest is payable immediately from the next month to the provisional assessment directed by the department or after the finalization of the provisional assessment on determination of the duty. The appellant relied on the judgment of the Hon'ble Bombay High Court in the case of CEAT Ltd., which was later upheld by the Supreme Court. On the other hand, the Revenue cited a judgment of the Hon'ble Allahabad High Court in favor of their argument that interest is leviable after one month from the date of provisional assessment. The Tribunal analyzed Rule 7(4) of the Central Excise Rules, 2002, which states that interest is payable on any amount determined after final assessment. The interpretation of the rule was based on the judgments of the Bombay High Court and the Supreme Court, which emphasized that interest is not attracted until the final assessment results in an amount payable to the government. The Tribunal highlighted that the liability to pay interest arises only on the amount determined consequent to the final assessment under Rule 7 sub-rule (3). A comparison was made with Section 18(3) of the Customs Act, 1962, which clearly specifies that interest is payable from the first day of the month in which duty is provisionally assessed. This contrasted with Rule 7(4) of the Central Excise Rules, 2002, where interest is attracted only upon the determination of duty through final assessment. The Tribunal noted that the judgment of the Bombay High Court in the CEAT Tyres case, upheld by the Supreme Court, was binding on them over the judgment of the Allahabad High Court. Consequently, the impugned order was set aside, and the appeals were allowed in favor of the appellant. In conclusion, the Tribunal's decision was based on the interpretation of Rule 7(4) of the Central Excise Rules, 2002, as clarified by the judgments of higher courts. The ruling favored the appellant, following the precedent set by the Bombay High Court and the Supreme Court, thereby setting aside the Revenue's argument based on the Allahabad High Court judgment.
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