9911796707
TMI Blog2001 (5) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... intendent and duty was demanded by him on 30-3-1993. The appellant did not pay the amounts demanded, as they had gone on an appeal against the order No. 65/92, dated 26-12-1992 of the Asst. Collector finalizing the Classification Lists. The differential duty of Rs. 1,77,03,224/-, was paid by them only on 31-3-1997 after receipt of CEGAT decision on classification in the matter. A demand was therefore made for interest, under Section 11AA @ 20% for the period 26-8-1995 to 30-3-1997. The Commissioner (Appeals) after considering the matter, confirmed the order of the original authority of the demand of interest for the period 26-8-1995 to 30-3-1997 under Section 11AA. Present appeal is against the said interest amount demanded. 2. We have hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t thereof would be the 'relevant date' for issue of notice under Section 11A(1), which is thereafter to be determined under sub-section (2) of Section 11A. The assessment were provisional in this case and they were finalized by the Range Superintendent and on such finalisation the appellant was required to pay the deficiency in duty as provided under Rule 9B(5). The appellant did not comply with this provision, they proceeded to take up the matter of the finalization of Classification List in appeals, which was determined by the Tribunal against them by order dated 7-1-1997 only then they paid the amount of duty, as per the final orders of the Tribunal. Any short payments after this date therefore, could be recovered, in this case by servin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvoked for demanding duty. The SCN, dated 21-6-1990 only proposed the finalisation of classification of "procured Tread Rubber" under chapter sub-heading 4008.21. Further the duty in question was payable on finalisation of assessment under Rule 9B(5) and not under Section 11A(2) and hence question of demanding interest does not arise". The same has been closed by the C&AG vide their letter dated 16-11-2000 on receipt of the above reply. We are aware of the fact that this is not a circular of the Board, however this is an interpretation on question of interest under Section 11AA in case of provisional assessments under Section 9B(5) and this interpretation of the Min. of Finance, Dept. of Revenue, would be binding interpretation of law. And ..... X X X X Extracts X X X X X X X X Extracts X X X X
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