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2014 (10) TMI 273 - AT - Central ExciseImposition of interest - amendment of Chapter 15 came on 13-5-2005 with retrospective effect - Whether the appellant is liable to pay interest on the duty amount of ₹ 1,66,220/- already paid by them or not - Held that:- when liability is extended by way of amendment to Finance Act with retrospective effect, retrospectivity is not permissible to create an offence retrospectively and further liability to payment of interest cannot be said to have been created with retrospective effect. In my opinion both these decisions apply to the facts of this case. As regards the decision in the case of SKF India Ltd. [2009 (7) TMI 6 - SUPREME COURT] in that case Hon’ble Supreme Court was not considering the consequences of retrospective amendment and therefore the decision of the Hon’ble Supreme Court where the issue involved is same has to be preferred to the one where a general decision in principal has been taken. In any case the decision in the case of SKF India Ltd. was relevant to the cases where supplementary invoice has been issued by a party whereby the value has increased - Decided in favour of assessee.
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