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2013 (10) TMI 890 - AT - Central ExciseShort payment of duty - Differential Duty - When the differential duty required to be paid is available as credit to the same appellant’s own recipient unit, the interest on such differential value is required to be charged or not - Alleged that assessable value adopted by them it had not been worked out at 110% cost of the production duly certified by Cost Accountant - later differential duty deposited – Held that:- Following BAYER ABS LIMITED Versus COMMISSIONER OF CENTRAL EXCISE, VADODARA [2010 (9) TMI 904 - CESTAT,AHMEDABAD] - Appellant is liable to discharge interest liability as ascertained by lower authorities - even where the duty is short paid by an assessee, is available as credit to the recipient unit of the same assessee, interest in terms of provisions of Section 11AB is required to be confirmed and interest is leviable. Waiver of Pre-deposit - The appellant cannot be said to have made out prima facie case for complete waiver - No financial difficulty has been pleaded - it would be appropriate if the appellant deposits the entire interest amount - the appellant directed to deposit an amount – upon such submission there shall be waiver of pre-deposit and stay of recovery in respect of the penalty imposed on the appellant – Partial stay granted.
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