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TMI Blog2012 (11) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable, interest is automatic and it is a matter of voluntary payment of interest by the assessee or payment on demand by the adjudicating officer which does not require any adjudication except the arithmetical calculation for which no adjudication is called for Adjudication is called for in this case, where additional excise duty demand was fully settled through adjustment of duty credit ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise Act and also under Section 75 of the Finance Act, 1994. 2. We have heard learned Senior counsel Shri. Joseph Vellappally appearing for the assessee and Shri John Varghese, learned Standing Counsel appearing for the Revenue. 3. The two learned Judges, who decided the matter, took apparently conflicting views, which led to filing of Writ Appeal by both sides. While one learned Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid as such but was set off by adjustment from duty credit (AED) available on input purchase by the assessee. In other words, duty liability remained as a notional demand, which was fully paid through adjustment from duty credit available from the very beginning of the date of demand. So much so, the controversy itself is as to whether there is a default in a case of payment of duty through bela ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the demand of interest. 5. We however hold that if duty is paid against demand with delay other than through adjustment of credit available, interest is automatic and it is a matter of voluntary payment of interest by the assessee or payment on demand by the adjudicating officer which does not require any adjudication except the arithmetical calculation for which no adjudication is called for. H ..... X X X X Extracts X X X X X X X X Extracts X X X X
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