2008 (5) TMI 484

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..... ct only with effect from 11-5-2001. As the duty involved in this case is prior to that, this provision cannot be made applicable - demand of interest set aside - appeal allowed. - ST/212/2008 - 620/2008 - Dated:- 9-5-2008 - Dr. S.L. Peeran, Shri T.K. Jayaraman, JJ. REPRESENTED BY : Shri V.M. Doiphode, Advocate, for the Appellant. Shri Raja Dass, JDR, for the Respondent. [Order per : .....

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..... peal and upheld the order of the Tribunal. Consequently, the Commissioner passed the impugned order demanding Central Excise Duty after quantifying the same. However, he had also demanded interest under Section 11AB of the Central Excise Act. Now, the appellants are challenging only the interest portion. They had not challenged the quantification of the Central Excise Duty. In fact, the duty had a .....

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..... , the interest became payable in respect of all demands. It was pointed out in the present case, in view of the clear findings of the Tribunal, no penalty has been imposed. In such cases, interest would not be leviable prior to the date on which the Finance Bill, 2001 received the assent of the President. In the present case, it is not in dispute that the Central Excise Duty on the goods procured .....

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