Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (5) TMI 606 - CESTAT NEW DELHIExcess paid duty adjusted towards the duty short paid - provisional assessments - whether the assessee-appellant can be allowed adjustment of short paid duty against excess paid duty during the provisional assessment? - Held that: - the matter is covered by the assessee’s own case decided decided by the Tribunal’s decision in the case of Hindustan Zinc Ltd. vs. CCE, Jaipur [2016 (6) TMI 1093 - CESTAT NEW DELHI], where it was held that When there is provisional assessment, the same is applicable to the entirety of the goods and to arrive at final duty liability, adjustments of duty excess paid to the short payment have to be made - there is no doubt that assessee is entitled to adjustment of the excess paid duty towards short paid duty. Liability of interest - whether assessee is required to pay interest on the differential duty payable which was paid suo moto by the assessee before the finalization of the provisional assessment? - Held that: - decision in the case of CCE Nagpur vs. Ispat Industries Ltd. [2010 (10) TMI 178 - BOMBAY HIGH COURT], relied upon, where it was held that Since differential duty was paid even before the final assessment was made, the Tribunal has held that the respondent assessee is not liable to pay interest - as differential duty has been paid by the assessee before the assessment were finalized, there cannot be any liability of interest against the assessee. Appeal allowed - decided in favor of assessee.
|