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2013 (12) TMI 671

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..... Central Excise officer, before issue of notice - in view of Section 11A (1)(b) of the said Act, the applicant is also liable to pay interest along with duty - the demand was not time barred - The case of EID Parry was with reference to Section 11AB as it was originally introduced by Section 76 of Finance Act, 1996 - Section 11AA as it stands now makes it very clear that interest is payable if duty .....

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..... . 3. The ld. advocate submits that they have filed stay application for waiver of interest of Rs.99,53,800/- including interest on CESS and penalty of Rs.10,000/-. He submits that demand of interest on CESS is not sustainable. He submits that in this case applicant paid entire amount of duty of Rs.14,24,41,893/- on 31.1.2012 for the period 20.4.2011 to 31.12.2011 before issue of show cause notice .....

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..... at any person chargeable with duty may, before service of notice, pay on the basis of his own ascertainment of such duty or the duty ascertained by the Central Excise Officer, the amount of duty along with interest payable thereon under section 11AA. In the present case, the applicant deposited entire amount of duty on the basis of duty ascertained by Central Excise officer, before issue of notice .....

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