Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2016 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (6) TMI 918 - RAJASTHAN HIGH COURTDemand of interest on additional duty payable after submission of supplementary invoices - Held that:- while accepting the appeal of the revenue in reference to the judgments in the cases of SKF India Ltd. [2009 (7) TMI 6 - SUPREME COURT] and International Auto Ltd. [2010 (1) TMI 151 - SUPREME COURT OF INDIA], the impugned order is set aside. The issue is ordered to be governed by the judgment in the case of International Auto Ltd. [2010 (1) TMI 151 - SUPREME COURT OF INDIA]. We make it clear that if the reference is answered in favour of the assessee in the case of M/s. Steel Authority of India Ltd. (supra), it would apply to the present case also and in that case, right of the assessee and the revenue would be governed by the outcome of the judgments of the Apex Court in the case of M/s. Steel Authority of India Ltd. [2015 (12) TMI 594 - SUPREME COURT]. We further make it clear that the issue having been referred to the Larger Bench, the revenue would not take coercive action against the assessee till the issue referred to the Larger Bench is decided in the case of M/s. Steel Authority of India Ltd. [2015 (12) TMI 594 - SUPREME COURT]. - Decided in favor of revenue.
|