FINE AUTOMOTIVE AND INDUS. Vs. C.C.E.

JUDGEMENT

(1.) THE original authority confirmed demand of duty totalling to Rs. 12,15,127/ - against the appellants for the period July, 1992 to June, 1993. The orders of that authority were upheld by the first appellate authority, the Tribunal and, ultimately, by the Apex Court. After the Supreme Court passed the judgment in the case, the appellants paid up the entire amount of duty with interest thereon for the period 1 -3 -2000 to 30 -12 -2000. The payment of this interest was on the premise that interest was payable from the date immediately after expiry of three months from the date of the Supreme Court's judgment (1 -12 -1999). The department wanted the assessee to pay interest, in terms of Section 11AA of the Central Excise Act, from the date immediately after expiry of three months from the date on which the original authority confirmed demand of duty against the assessee. This view taken by the Revenue was contested by the assessee. Thus a dispute has arisen as to whether interest on duty was liable to be paid from the date suggested by the Revenue or the date suggested by the assessee. This dispute arises in the present appeal.

(2.) HEARD both sides. It appears from the records and the submissions that the above dispute can be settled with reference to Section 11AA, which reads as under : -