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TMI Blog2007 (6) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... rder No. A/1012/2007-WZB/C-IV/SMB - Dated:- 28-6-2007 - [Order per] - This appeal is directed against Order-in-Appeal No. AT/26/RGD/2007, dated 5-2-2007. 2. Considered the submissions made at length by both sides and perused the records. The appeal is directed against the imposition of interest by the adjudicating authority and upheld by the Ld. Commissioner (Appeals). The imposition of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of imposition of penalty under Section 11AC but ordered interest under the provisions of Section 11AB of Central Excise Act, 1944. The Ld. Commissioner (Appeals) has upheld the Order-in-Original as regards recovery of interest on the following findings "As regards appellant's contention that the provisions of Section 11AB of the Act cannot be invoked for period prior to 11-5-2001, as the perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t credit was for the period prior to 11-5-2001, i.e. when the amendment to Section 11AB was carried out. Sub-Section (2) to Section 11AB specifically states that the "provisions of sub-section (1) shall not apply to cases where the duty became payable or sought to have been paid before the date on which the Finance Bill 2001 received its as sent by the President" The wordings of the sub-section (2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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