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TMI Blog2010 (1) TMI 988X X X X Extracts X X X X X X X X Extracts X X X X ..... ious articles such as Colour TV, PCB, Cables and Washing Machine etc. For the month of November, 2008, appellants had made delayed payment of duty and filed refund claim of the duty paid from PLA which is available to them under Notification No. 39/2001-C.E. Similarly there was delay in respect of payments of duty in the months of December, 2008 and June, 2009. The Department had instructed the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ituation since in the final result Government does not get any cash payment. Therefore, in view of this provision which gives exemption from payment of duty, the appellant need not discharge the interest liability. Further, he also submits that under Section 11AB, interest can be demanded only when there is an amount due to be paid under Section 11A. In this case, in view of the exemption notifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ublic interest so to do, hereby exempts the goods specified in the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) other than goods specified in the Annexure appended to this notification and the case may be, leviable thereon under any of the said Acts as is equivalent to the amount of duty paid by the manufacturer of goods other than the amount of duty paid by utilization of Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cerned with the same. In any case, the appellant submitted that the fact that refund is to be granted after duty liability has been discharged shows that it is nothing but exemption. But since duty is required to be paid for claiming exemption, appellant can not escape from statutory obligation relating to payment. Therefore liability to interest is attracted when the appellant did not pay duty wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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