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2019 (11) TMI 233 - AT - Central ExciseCalculation of interest on duty demanded - relevant date for calculation of interest - case of appellant is that they are required to pay interest only from the date of ascertainment of the duty by the Commissioner (Appeals) - HELD THAT - Appellant is liable to pay interest from 24.02.2012 on the demand that has been confirmed. The prayer of the appellant is allowed. With respect to liability to pay interest it is limited from 24.2.2012 to the date of payment of the duty amount. The Ld. A.R has relied upon the decision of the Hon ble Apex Court in the case of M/S. STEEL AUTHORITY OF INDIA LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, RAIPUR 2019 (5) TMI 657 - SUPREME COURT - On perusal of the facts of the case the question that was considered by the Hon ble Apex Court is with regard to interest liability in the case of final determination of duty when the assessee resorts to provisional assessment. Therefore, the said case is distinguishable on facts. Appeal allowed - decided in favor of appellant.
Issues:
1. Determination of liability to pay interest from the date of ascertainment of duty by the Commissioner (Appeals) or from the date of first ascertainment of duty by the original authority. Analysis: Issue 1: Determination of Liability to Pay Interest The case involved a dispute regarding the liability to pay interest on duty confirmed by the Commissioner (Appeals). The appellant argued that interest should be payable only from the date of ascertainment of duty by the Commissioner (Appeals) on 24.2.2012, as per the decision in CCE Chennai Vs Lucas TVS Ltd. The appellant highlighted that the Tribunal held interest is payable from the date of passing a fresh order by the Commissioner (Appeals), as affirmed by the Hon'ble Madras High Court. On the other hand, the department contended that interest should be paid from the date of first ascertainment of duty by the original authority on 31.3.2000, citing the decision in M/s.Steel Authority of India Ltd. Vs CCE Raipur. The consultant for the appellant presented a detailed date chart outlining the series of events and orders leading to the final determination of duty by the Commissioner (Appeals) on 24.2.2012, emphasizing that interest liability arises only from this date. The Tribunal analyzed the sequence of events and legal precedents cited by both parties. It noted that the original authority confirmed the duty but did not demand interest in the order dated 31.3.2000. After multiple rounds of litigation, the Commissioner (Appeals) finally determined the duty payable by the appellant on 24.2.2012. The Tribunal referred to the decision of the Hon'ble Bombay High Court in the case of Blue Star Vs UOI, which emphasized that interest is payable from the date the duty is determined if not paid within three months. The Tribunal found this principle applicable to the case at hand, supporting the appellant's argument that interest should be payable from the date of final determination of duty by the Commissioner (Appeals) on 24.2.2012. The Tribunal distinguished the department's reliance on the SAIL case, stating it pertained to provisional assessment and was not directly relevant to the current issue of interest liability on confirmed duty. In conclusion, the Tribunal ruled in favor of the appellant, holding that the liability to pay interest is limited from 24.2.2012 to the date of payment of the duty amount. The appeal was allowed on these terms, affirming the appellant's contention regarding the commencement of interest liability from the date of final determination of duty by the Commissioner (Appeals).
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