Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 1032 - AT - Central ExciseShort payment of duty - whether an adjustment is possible against the short payment of duty vis-a-vis excess payment made by the assessee during the relevant period when the assessments were provisional and subsequently finalized - Held that:- Appellant had sought provisional assessment during the material period; on finalization, there is an excess and short payment and the adjudicating authority has ordered for adjustment of the excess payment towards the short payment and also ordered for refund of the amount which is excess. - provisions of Rule 7 of Central Excise Rules, 2002 covers the situation like the one in hand before me. The very same provisions were considered by the Hon'ble High Court of Karnataka in the case of Toyota Kirloskar Auto Parts Pvt. Ltd. (2011 (10) TMI 201 - KARNATAKA HIGH COURT). Though the Lordships were considering as to whether any interest is liable to be paid to the assessee therein for delayed payment, the substantial question of law which was considered by the Lordships and addressed very clearly indicates that there has to be harmonious reading of the provisions of Rule 7 of the Central Excise Rules, 2002. - law as laid down by the Larger Bench of this Tribunal which specifically lays down that excess payment can be adjusted against any dues of an assessee is the ratio which has been correctly followed by the adjudicating authority in the case in hand. Be that as it may, the reliance placed by the learned D.R. on the Larger Bench decision may not carry the revenue's case any further as the decision of the Hon'ble High Court of Karnataka will prevail over the decisions of the Tribunal which is a settled law. - following the ratio as laid down by the Hon'ble High Court of Karnataka in the case of Toyota Kirloskar Auto Parts Pvt. Ltd. (supra) which are applicable in the facts and circumstances of this case, I find that the impugned orders are liable to be set aside - Decided against assessee.
|