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2014 (9) TMI 765 - AT - Central ExciseInterest under Section 11AB - Differential duty - the differential duty became payable only after Note 5 to the Chapter 15 of the First Schedule to CETA, 1985 was given retrospective effect and introduced as part of the Act - Application of decision of Apex Court in the case of M/s SKF India Ltd [2009 (7) TMI 6 - SUPREME COURT] - Held that:- even though a supplementary invoice is issued subsequently by the supplier of the goods to the buyer, in reality the price determined is the one which should have been the price at the time of removal. - This is the logic that is behind the decision of the Hon’ble Supreme Court. - A principle laid down or a ratio laid down in the case of transaction between two parties by the Hon’ble Supreme Court cannot be applied to a situation where the law is amended with retrospective effect by the legislature. - Decided in favour of assessee.
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