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2014 (1) TMI 108 - AT - Central ExciseInterest on differential duty u/s 11AB of Central Excise Act - Waiver of Pre-deposit Necessary particulars for determination of assessable value by CAS-4 method was not available - Held that:-The differential duty payment was not at the instance of the department - voluntary payment of duty would squarely attract sub-section (2B) Thus, the liability to pay interest in terms of the relevant Explanation to the sub-section is irresistible - Prima facie, the appellant is liable to pay interest under Section 11AB of the Act on the differential amounts of duty paid under supplementary invoices Following Commissioner of C. Ex. vs. SKF India Ltd. [2009 (7) TMI 6 - SUPREME COURT ] - Assessee offered to make pre-deposit of Rs. 10 lakhs towards the total demand of interest of Rs. 1.15 crores the amount offered by the assessee accepted as the pre-deposits Upon such submission rest of the duty to be waived till the disposal Partial stay granted.
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