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TMI Blog2023 (2) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... h the provisional duty had been paid prior to the date of the passing of the final assessment order under Section 7(3) of the Central Excise Act, 2002. HELD THAT:- The issues raised in this case are squarely covered in M/S. STEEL AUTHORITY OF INDIA LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, RAIPUR [ 2019 (5) TMI 657 - SUPREME COURT] , where it was held that Section 11A and section 11AB as it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... av Singhal, Anurag Gunmay Maan, Advocates, for the Respondent. ORDER Heard learned counsel for the parties. 2. The issue involved in the present case is whether the petitioner is liable to pay interest on differential duty from the date of clearance of goods, on payment of duty assessed provisionally by the Jurisdictional Assistant/Deputy Commissioner of Central Excise under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een reserved. 5. The judgment in Steel Authority of India Limited v. Commissioner of Central Excise, Raipur has since been delivered on 8-5-2019. This Court held :- 71. We are of the view that the reasoning of this Court in the order referring the cases to us (to this Bench) that for the purpose of Section 11AB, the expression ought to have been paid would mean the time when the price was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, any other interpretation placed on Rule 8 would not only be opposed to the plain meaning of the words used but also defeat the clear object underlining the provisions. It may be true that the differential duty becomes crystalised only after the escalation is finalized under the escalation clause but it is not a case where escalation is to have only prospective operation. It is to have retrospe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of duty could be said to be payable and so equally the interest. We would concur with the views expressed in SKF case(supra) and International Auto (supra). We 114 find no merit in the appeals. The appeals will stand dismissed. 6. The issues raised in this case are squarely covered in Steel Authority of India Limited (Supra). Interest would be payable from the due date of payment of pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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