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2014 (9) TMI 407 - GUJARAT HIGH COURTInterest leviable on differential duty paid - Whether the provisions for interest on delayed payment contained in Section 11AB are applicable only for duty determined under sub-section (2) of the Section 11A or also for duty which has been paid under Section 11A of the Central Excise Act, 1944 - held that:- assessee was able to demand from its customers the balance of the higher prices by virtue of retrospective revision of the prices. It, therefore, follows that at the time of sale the goods carried a higher value and those were cleared on short payment of duty. The differential duty was paid only later when the assessee issued supplementary invoices to its customers demand the balance amounts. Seen thus it was clearly a case of short-payment of duty though indeed completely unintended and without any element of deceit etc. The payment of differential duty thus clearly came under sub-section (2B) of Section 11A and attracted levy of interest under Section 11AB of the Act - as held by the Apex Court in the case of SKF India Limited (2009 (7) TMI 6 - SUPREME COURT). Decided in favour of Revenue.
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