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2010 (6) TMI 226 - AT - Central ExciseInterest Period of dispute may 1992 to march 2000. submission that for one SCN period covered prior to enactment of section 11AB and that in other SCN nothing alleged for invoking said section. Held that- no interest payable for first SCN. Other SCNs though invoked section 11AB not alleged any of the requisites ingredient of said section namely collusion fraud willful mis-statement/suppression of facts. No whisper of any intention to evade. Plea of automatic accrual of interest not relevant where statutory provision for levy of interest is under scrutiny.
Issues:
1. Whether Section 11AB of the Central Excise Act is applicable for the levy of interest on the duty amount. 2. Whether the amended provisions of Section 11AB(1) are applicable to the case. 3. Whether the show-cause notices issued by the department established the necessary ingredients for the levy of interest under Section 11AB. 4. The relevance and applicability of past judgments and legal precedents in determining the outcome of the case. Analysis: Issue 1: The appeal filed by the assessee contested the demand of interest under Section 11AB of the Central Excise Act on the duty amount covering a specific period. The lower appellate authority had ordered the levy of interest on the duty amount under Section 11AB. The main contention was whether the provisions of Section 11AB could be invoked for the levy of interest from the assessee based on the facts of the case. The essential question was whether the department had valid grounds to impose interest under Section 11AB. Issue 2: The amended provisions of Section 11AB(1) were a crucial aspect of the case. The Finance Act, 2001 introduced changes to Section 11AB, eliminating requirements like fraud and collusion for the levy of interest on duty. The amended sub-section (1) of Section 11AB was found to be inapplicable to a period for which duty became due from an assessee before 11-5-2001. The applicability of the amended provisions was a key point of contention in determining the outcome of the case. Issue 3: The show-cause notices issued by the department were analyzed to determine if they established the necessary ingredients for the levy of interest under Section 11AB. The notices did not allege collusion, fraud, wilful suppression of facts, or any intention to evade payment of duty, which are essential elements for invoking Section 11AB. The absence of these allegations raised questions about the validity of imposing interest on the duty amount under Section 11AB. Issue 4: Legal precedents and past judgments played a significant role in the case. The decisions cited by both parties, including the High Court's judgment and other relevant cases, were examined to understand their applicability to the current situation. The Tribunal's decision in a similar case highlighted the importance of the effective date for the application of the amended provisions of Section 11AB(1) in determining the liability for interest on duty. In conclusion, the Tribunal found that the provisions of Section 11AB, whether pre-amendment or post-amendment, were not applicable to the case. The absence of essential ingredients in the show-cause notices and the effective date of the amended provisions were crucial factors in setting aside the impugned order and allowing the appeal. The decision emphasized the importance of legal clarity and adherence to statutory requirements in imposing interest on duty amounts under the Central Excise Act.
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