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2019 (8) TMI 252 - CESTAT BANGALOREDemand for interest on delayed payment of duty - whether the Department can demand interest under Section 11AB of the Central Excise Act 1944 on the differential duty paid through supplementary invoices due to subsequent increase in price of the goods by virtue of price escalation clause? - HELD THAT:- Since this issue has now been settled by the Larger Bench of the Supreme Court in the case of M/S. STEEL AUTHORITY OF INDIA LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, RAIPUR [2015 (12) TMI 594 - SUPREME COURT] - Therefore, by following the ratio of the above said decision of the Apex Court, I hold that appellant is liable to pay the interest on the differential duty paid through supplementary invoices. Time Limitation - HELD THAT:- The time limit prescribed under Section 11A of the Central Excise Act is also applicable for recovery of interest - the longer period of limitation is not invokable in the present case because the short payment is not due to fraud, collusion, suppression etc with intent to evade duty - the extended period of limitation is not invokable in the present case. In the present case the entire demand of interest on supplementary invoice is barred by limitation - Appeal allowed on limitation.
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