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2015 (8) TMI 809 - AT - Central ExciseDemand u/s 11AB - whether the assessees are liable to pay interest under Section 11AB of the Central Excise Act, 1944 on differential duty paid consequent to price escalation after clearance of goods by raising supplementary invoices - Held that:- Supreme Court in the case of Commissioner of Central Excise, Pune Vs SKF India Ltd. reported in [2009 (7) TMI 6 - SUPREME COURT ] held that payment of differential duty at a later date is clearly a case of short-payment of duty at the time of clearance and, therefore, interest is payable under Section 11AB of Central Excise Act, 1944. The Hon’ble Supreme Court restored the order passed by the Assistant Commissioner insofar as charge of interest and also observed that there is no question of imposition of penalty. - Respectfully following the decision of the Hon’ble Supreme Court, in all these appeals we uphold the demand of interest and penalties are set aside. - Decided against Revenue.
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