R.K. Agrawal and B. Amit Sthalekar, JJ.;-

The present appeal filed under Section 35G of the Central Excise Act, 1944 (hereinafter referred to as "the Act") against the order dated 11th February, 2004 passed by the Custom Excise and Service Tax Appellate Tribunal, New Delhi has been admitted on the following substantial questions of law:-

"(a). Whether mere mention of wrong provision of law (Section 11AC) in the show cause notice dated 23.1.2002 takes away th power to levy/realise interest when Section 11AB of the Act specifically provides for mandatory levy of interest?

(b). Whether in order to charge interest under Section 11AB of the Act it is necessary to invoke the provisions of Section 11AB in the adjudication order itself?"

2. Briefly stated, the facts giving rise to the present appeal are as follows:-

3. The respondent assessee is engaged in manufacture of sugar by vaccum pan process and molasses falling under Chapter Central Excise Tariff heading No. 1701.31/1701.39 and 1703.10 of Central Excise Tariff Act (5) of 1985. It filed an application in the prescribed form 335(U)(1) for condonation of Central Excise duty to the tune of Rs. 2,41,337/- on storage loss of 482.674 MT of mol

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