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2013 (10) TMI 719 - AT - Central ExciseRevision in price – supplementary invoice - payment of duty on differential amount – Whether interest is imposable on revision of prices having retrospective effect - Held that:- Following Commissioner of Central Excise, Pune Versus M/s SKF India Ltd. [2009 (7) TMI 6 - SUPREME COURT] - The assessee gave its reply stating that the payment of differential duty was made by it at the time of issuing supplementary invoices to the customers and, therefore, there was no question of charging interest much less any penalty - The differential duty was paid only later when the assessee issued supplementary invoices to its customers demanding the balance amounts - it was clearly a case of short payment of duty though indeed completely unintended and without any element of deceit etc. The payment of differential duty thus clearly came under sub-section (2B) of section 11A and attracted levy of interest under section 11AB of the Act – Partial Stay granted.
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