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2015 (6) TMI 300 - HC - Central ExciseLevy of interest on deferential duty - price increase retrospectively - Whether in the facts and circumstances of the case, the appellant is liable to pay interest under Section 11AB of the Act, on raising of supplementary invoice - Held that:- Assessee has cleared goods and paid duty thereon and raised supplementary invoices, but however failed to pay interest payable under Section 11AB of the Act. In view of the decision of the Supreme Court in SKF India Ltd. case, referred supra, the first plea raised by the learned counsel for the appellant fails and in that regard, we find no infirmity in the order passed by the Tribunal. Section 11AA of the Act, as amended by Section 64 of the Finance Act, 2011 (8 of 2011), does not in any way advance the case of the appellant, as we find that the liability to pay interest on delayed payment of duty is clearly envisaged in Section 11A(2B) read with Explanation 2 to the said provision. Such interest was leviable even during the period in question. In fact, the Supreme Court in SKF India Ltd. case, referred [2009 (7) TMI 6 - SUPREME COURT ], observed that there is some ambiguity in the said provisions, which was a cause for amendment brought to Section 11AA of the Act. - Decision in assessee's own previous case followed [2014 (10) TMI 482 - MADRAS HIGH COURT] - Decided against assessee.
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