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2011 (4) TMI 1274 - HC - Central ExciseWhether in the facts and circumstances of the cases, the Tribunal erred in holding that no interest as prescribed under the provisions of Section 11AB of the Act can be recovered when the differential duty is paid on price variation? Held that:- The assessee received differential price of the goods after its clearance. At the time of clearance, assessee had paid excise duty only on the price it had received till then. For the difference, it had to pay interest under Section 11AB, as held by the Apex Court in the case of SKF India Limited (2009 (7) TMI 6 - SUPREME COURT). We are unable to agree with the learned counsel for the assessee that there is a revenue neutral case. The Apex Court, in a subsequent decision in the case of CCE v. International Auto Limited (2010 (1) TMI 151 - SUPREME COURT OF INDIA) has further elaborated that on interest loss to the Revenue, Section 11AB would be applicable in similar cases. Question is answered in favour of the Revenue
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