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2017 (1) TMI 416 - AT - Central ExciseInterest - delay in payment of differential duty - captive consumption - valuation finalized after the year end on cost construction method - whether the said differential duty paid by the appellant is chargeable to interest under Section 11AB of Central Excise Act, 1944? - Held that: - there is no need of any adjudication proceeding for recovery of interest, the statutory provisions of Section 11AB itself is a provisions for recovery of the interest. The interest is piggy back of the duty, once the duty is admitted, interest cannot be detached from the duty liability. In the present case valuation is under Rule 8 of Valuation Rules 2000, which is only applied in a case where the goods are not sold and the sale value is not available. Since no sale is involved question of issuance of supplementary invoice does not arise - the interest is correctly payable by the appellant on the delayed payment of duty - appeal dismissed - decided against assessee.
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