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2016 (8) TMI 120 - AT - Central ExciseLevy of interest and penalty on differential duty - revenue neutral exercise - appellant to avoid litigation, paid the differential duty of ₹ 2.18 crores approx. and intimated the Revenue - it was contended that, the entire exercise is revenue neutral inasmuch as whatever duty was required to be paid by the appellant, was available as credit to their other unit located at Jabalpur unit. - Held that:- the issue i.e. liability of the present assessee to pay the duty, has not been adjudicated by the lower authorities. The fact that the Jabalpur unit discharged the full duty liability is also required to be kept in mind while adjudging the assessee’s duty liability, even though they have paid the same. - However once differential duty is found payable, interest has to be paid - Matter remanded back.
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