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TMI Blog2018 (1) TMI 1126X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the appellant, the said section has been introduced only in 2011 and therefore not applicable to the disputed period. Thus, the demand raised in the SCN has no legal basis - The Hon'ble High Court in the case of Hindustan Insecticides Ltd. [2013 (8) TMI 225 - DELHI HIGH COURT], held the issue in favor of assessee holding that limitation would mutatis mutandis apply for demand of intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oks of accounts as loss of finished goods-stock-difference-book Vs. physical stock and loss of semi-finished goods-stock-difference-book Vs. physical stock as applicable and discharged the excise duty involved on those goods. The department noticed that the appellant had discharged the excise duty for the written off of the goods for the period pertaining to 2008-09 to 2010-11 belatedly. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so stressed by the Id. counsel that the interest demanded invoking section 11AA of the Central Excise Act, 1944 which has come into force only with effect from 2011 and the period involved being prior to that, the demand of interest is without any legal basis. He submitted that the appellant paid the duty in 2012 and along with the same had paid interest of ₹ 6,477/-. The show cause notice h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 which is much beyond the period of five years envisaged in section 11 A of the Central Excise Act, 1944. Thus, the appellants are now called upon to pay the interest for the delayed payment of duty. The show cause notice as well as the impugned order has invoked section 11 AA for demanding the interest liability. As brought out by the argument of the Id. counsel for the appellant, the said secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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