COMMISSIONER OF C EX Vs. ISPAT INDUSTRIES LTD

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This appeal has been admitted on the following question of law:

(3.) Perusal of the order of the CESTAT] shows that in the present case, differential duty was paid prior to the date of final assessment. Interest under Rule 7(4) of the Central Excise Rules, 2002 is payable from the first date of the month succeeding the month for which such amount is determined by the final assessment till the date of payment. Since differential duty was paid even before the final assessment was made, the Tribunal has held that the Respondent Assessee is not liable to pay interest. In our opinion, no fault can be found with the order of the Tribunal. Accordingly, question raised by the revenue is answered in favour of the Assessee and against the revenue. The appeal is disposed of. No order as to costs.