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2022 (3) TMI 692 - CESTAT NEW DELHIPayment of differential excise duty upon finalisation of the price between parties - Price Escalation Clause - Adjustment of interest (out of refund arising subsequently) - barred by time limitation or not - HELD THAT:- Hon’ble Delhi High Court in the case of HINDUSTAN INSECTICIEDES LTD. VERSUS COMMISSIONER CENTRAL EXCISE, LTU [2013 (8) TMI 225 - DELHI HIGH COURT] relied upon, wherein the similar issue of payment of differential duty, subsequent to price revision was involved, and whether the interest was payable for the retrospective period from the date of original invoice, under the fact that the appellant have suo moto paid the differential duty upon raising of the supplementary invoice. Extended period of limitation - HELD THAT:- The benefit of extended period of limitation is not available to Revenue in the present matters, there being no element of fraud, mis-statement or contumacious conduct on the part of the appellant. Thus, the demand of interest is hit by limitation. Appeal allowed - decided in favor of appellant.
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