TMI Blog2014 (7) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... cases namely in the BHEL case [2010 (4) TMI 439 - KARNATAKA HIGH COURT ] and in the appellant's case arose because of the sum received, the decision in the case of BHEL is required to be followed by the Tribunal. - As regards Presscom Products decision [2011 (3) TMI 726 - KARNATAKA HIGH COURT ], the learned counsel submitted that the same was rendered before the SLP filed by the Revenue in BHE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed on the standard formula prescribed by IEEMA. Supplementary invoices are raised for claiming revision of prices and the differential duty is also paid on the differential value of the goods received. During 01.12.2005 to 31.03.2006, M/s. TELK paid duty on the differential value of the goods, but did not pay interest on the differential duty paid by them. The amount of interest payable worked ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt that the said case applies to the facts of the present case. It is to be noted that in the said decision, the facts were that the assessee had demanded from its customers, the balance of the higher price by virtue of the retrospective revision of the price and therefore, on the date the goods were cleared, the differential duty had to be paid and the same had not been done which was held to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expenditure of cost escalation and the enhanced duty thereon was paid. Therefore, as on the date the goods were cleared initially, if such a price escalation had not taken place, then the assessee could not foresee, the subsequent escalation in price. However, in the instant case the assessee paid duty on the differential price also. Therefore, we cannot apply the said decision to the present case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. As regards the decision of the Hon'ble Supreme Court in the case of International Auto Ltd., I find that the facts are not similar and in view of the fact that in the case of BHEL and the appellant's case facts are identical, it would be more appropriate to follow the decision in the case of BHEL . Accordingly the appeal is allowed with consequential relief, if any, to the appellants. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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