2004 (4) TMI 187 - AT - Central Excise

Summary

Issues:
Computation of interest on delayed payment of duty determined by a proper officer under Section 11AA of the Central Excise Act.

Analysis:
The judgment dealt with the interpretation of Section 11AA of the Central Excise Act concerning the calculation of interest on delayed payment of duty. The appellants argued that interest should be calculated based on the receipt of the order of determination, not from the date of determination itself. They cited provisions from other enactments to support their contention. However, the Tribunal found the language of Section 11AA to be clear and unambiguous. It stated that the assessee must pay interest if the duty is not paid within three months from the date of determination under Section 11A(2). The Tribunal emphasized that the appellants did not pay the duty within the specified timeframe from the date of determination, making their argument invalid.

The Tribunal highlighted that there was no need to refer to other enactments or previous judgments to interpret the expression used in Section 11AA. It emphasized that the language of the section was straightforward, stating that interest must be paid if duty is not settled within three months from the date of determination. The Tribunal rejected the appellant's argument that the three-month period should start from the receipt of the determination order, emphasizing that the statute's wording was clear on the matter.

In conclusion, the Tribunal dismissed the appeal and upheld the order of the Commissioner (Appeals). The judgment clarified that interest on delayed payment of duty under Section 11AA of the Central Excise Act should be calculated from the date of determination of duty under Section 11A(2), not from the receipt of the determination order.