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TMI Blog2017 (10) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... duty. 3. The Ld. Advocate for the appellant submits that the aforesaid question has been answered in favourof the assesseby the Hon'ble Bombay High Court in the case of CEAT Ltd. Vs CCE - 2015 (317) ELT 192 (Bom.). The said judgment of the Hon'ble Bombay High Court has later upheld by the Supreme Court reported as Commissioner Vs CEAT Ltd. - 2016(342) ELT A-181 (SC). 4. Per contra, Ld. AR for the Revenue, on the other hand, submitted that in the subsequent judgment of the Hon'ble Allahabad High Court reported as Bharat Heavy Electricals Ltd. CCE Kanpur, 2015 (323) ELT 417 (All.) the issue is decided in favour of the Revenue observing that interest is leviable after expiry of one month from the date of provisional assessment directed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisional assessment. When that exercise is finalized and consequent thereon that the Assessee shall be liable to pay interest on any amount payable to the Central Government. Thus, the liability to pay interest arises on any amount payable to Central Government and consequent to order for final assessment under Rule 7 sub-rule (3). We are in agreement with the Assessee in the present case that the later part of sub-rule (4) is not attracted. The liability to pay interest on any amount payable to Central Government consequent to order for final assessment under Rule 7 sub-rule (3). We are in agreement with the assessee in the present case that the later part of sub-rule (4) is not attracted. The liability to pay interest on any amount p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Section 11AB of the Act. We have already noted as to how Section 11A(1) operates. The notice under the same can be issued provided there is a satisfaction reached in terms of that provision. That notice need not be issued in the cases which are dealt with by sub-section (2B) as held in SKF India Ltd. (supra). Therefore, that sub-section together with the proviso and explanation making specific provision for recovery of interest and enabling the Revenue to recover it, that the Hon'ble Supreme Court reached a conclusion that on price revision the Assessee was liable to pay interest on the differential duty. That was because he not only recovered the revised price but passed on the burden of the differential duty paid on the customer. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act,1962 it is clearly laid down that interest would be payable after the provisional assessment is directed, whereas under sub Rule (4) of Rule 7of Central Excise Rules,2002 the interest would be attracted only on determination of duty i.e. the when the duty paid initially by way of provisional assessment, determined through final assessment. 9. The judgment of the Hon'ble Bombay High Court in CEAT Tyres case(supra) has been upheld by the Hon'ble Supreme Court, therefore, it is binding on this Tribunal, than the judgment of the Hon'ble Allahabad High Court, which was delivered prior to the judgment of the Supreme Court. In the result, the impugned order is set aside and the appeals are allowed, with consequential relief, if any, as per l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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