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2013 (6) TMI 559 - HC - Central ExciseInterest on differential duty - price escalation clause - Held that:- Thus, liability to pay interest on short payment of duty appears to be absolute and reasons for such short payment are not germane. This finding in S.K.F. India Ltd. [2009 (7) TMI 6 - SUPREME COURT] has been endorsed again by the Hon'ble Apex Court in [2010 (1) TMI 151 - SUPREME COURT OF INDIA]. Dismissal of S.L.P. in motion hearing by Hon'ble Apex Court is not sufficient to ignore its binding judgment. It is, therefore, apparent that appreciation of law, as laid down in S.K.F. India Ltd. [2009 (7) TMI 6 - SUPREME COURT] by the apex court needs to be acted upon and implemented by this Court. Thus, the question sought to be raised is already conclusively answered and cannot be treated as a substantial question of law at all. Moreover, the appellant made good the short duty only after it was brought to his notice by the respondents - Levy of interest confirmed.
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