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TMI Blog2014 (11) TMI 362X X X X Extracts X X X X X X X X Extracts X X X X ..... as finalized. Needless to say the interest has to be calculated only if there is a differential duty payable after setting off the excess payment towards short payment - Following decision of CADBURY INDIA LTD. Versus COMMISSIONER OF CUS. & C. EX., PUNE-I [2008 (11) TMI 62 - CESTAT MUMBAI] - Decided in favour of Revenue. - E/291/2008-SM, E/782/2008-SM - Final Order Nos. 21190-21191/2014 - Dated:- 25-7-2014 - SHRI B.S.V. MURTHY, J. For the Appellant : Mr. R. Gurunathan, AR For the Respondent : Mr. N. Anand, Advocate JUDGEMENT Per: B.S.V. MURTHY Appeal No. 291/2008 is filed by Revenue and the period covered is 2006-07. Appeal No. 782/2008 is filed by the assessee and the period covered is 2005-06. In both the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inalization of provisional assessment, when the assessee is manufacturing more than one item, each item is not to be treated separately and the total duty payable for all the goods has to be calculated. Therefore in respect of the year 2006-07, where excess payment of duty was more than the short-fall, no liability arises on the payment as a result of finalization of assessment. As regards the year 2005-06 he submits that the issue as to whether interest has to be paid and if so from what date interest has to be paid had come up for consideration before the Tribunal in the case of Ispat Industries Ltd. Vs. CCE, Nagpur [2007 (209) E.L.T. 280 (Tri.-Mum.)] and Tribunal took the view that if differential duty is paid prior to final assessment, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue of law open. This means that clearly Hon ble Supreme Court did not consider the law to have attained finality and therefore the dismissal of SLP was only a decision in personam. The legal issue remains open and it cannot be said that decision of Hon ble High Court of Bombay has laid down the law. Under these circumstances, I consider that the decision of the Larger Bench of the Tribunal relied upon by the AR is required to be followed. 6. In view of the above observations, I hold that interest is liable to be paid by the appellant from 1st day of the next month on the differential duty payable for each month as finalized. Needless to say the interest has to be calculated only if there is a differential duty payable after setting off ..... X X X X Extracts X X X X X X X X Extracts X X X X
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