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2011 (8) TMI 927 - AT - Central ExciseStay - revenue neutrality - adjustment of the excess duty stated to have been paid for the period January 2006 to March 2006 towards short payment for the period from April 2005 and December 2005. - dispute about non-applicability of the principle of unjust enrichment. - assessee contended that the excess duty paid by the appellant being entitled for availing the credit and the payment of duty is by one unit whereas the availment of the credit is by another unit of the same appellants, the entire process is actually revenue neutrality. - held that:- merely because the assessee paid duty subsequent to the date even though the appellants are entitled for credit for such payment of duty that does not result in revenue neutrality. As such, payment of duty after the last due date for the same does not wipe out the liability to pay interest. Being so, unless it is shown that at the time of payment, the entire duty amount along with interest stood paid, the question of application of revenue neutrality cannot arise. In none of the decisions sought to be relied upon this aspect has been considered. Merely because the principle is stated to have been applicable that itself does not amount to laying down the law. - Appellant directed to pre-deposit 60%.
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