9911796707
TMI Blog2012 (7) TMI 815X X X X Extracts X X X X X X X X Extracts X X X X ..... t:- During the material period provisions of Section 11AB of Central Excise Act, 1944 could be invoked only when duty demanded was not paid by reason of fraud, suppression or wilful misstatement with an intention to evade duty - even in terms of the bond executed by them while importing the goods/obtaining the goods under Notification No. 83/90-Cus., dated 20-3-1990, there was no mention of intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seeking rectification of mistake in the final order No. A/553/WZB/AHD/2011, dated 23-2-2011 [2011 (268) E.L.T. 232 (Tri.-Ahmd.)]. 2. The ld. counsel submitted that while the Tribunal set aside the penalty on the ground that a lenient view was called for, did not specify whether interest was liable to be paid or otherwise in terms of Section 11AB of Central Excise Act, 1944. On going through the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even in terms of the bond executed by them while importing the goods/obtaining the goods under Notification No. 83/90-Cus., dated 20-3-1990, there was no mention of interest payable. Further Notification No. 83/90 also has no specific condition for collection of interest. 4. We find that all the submissions made by the ld. counsel are statutorily correct and factually also correct. In view of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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