Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 335 - AT - Central ExciseInterest - penalty u/r 173Q - short payment of duty due to wrong calculation of assessable value - Held that: - the differential duty arose only due to wrong calculation of value which the appellant paid. The duty paid by the appellant was taken as cenvat credit by the sister concern which is recipient of the goods. Therefore the malafide intention is not proved - penalty not imposable and is set aside. Interest - Held that: - the interest u/s 11AB is inevitable wherever there is a delay in payment of duty, interest is payable. Accordingly, demand of interest is upheld. Appeal allowed in part.
|