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2023 (7) TMI 915 - KARNATAKA HIGH COURTSVLDRS - Waiver of Interest u/s 11AB of the Central Excise Act, 1944 - excise duty on the surcharge component was discharged belatedly as it ought to have been remitted on monthly basis - HELD THAT:- It is undisputed that the petitioner has paid the entire excise duty under the Scheme for the Financial Years 2005-06 and 2006-07. The Central Government introduced “Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019”. The Scheme provides for waiver of interest subject to satisfying certain terms and conditions. In the light of the order passed by the Hon’ble High Court of Madhya Pradesh, the Central Government has issued a Circular dated 6-10-2022 clarifying that in cases where the assessee has filed ST-3 return on or before 30-6-2019 and has paid the tax dues in full before filing the application, the declarant is eligible to avail the benefit of the scheme for waiver of interest. In the present case, the petitioner has paid the entire excise duty before 30-6-2019 and in the light of the said Scheme, the petitioner is entitled for waiver of interest. The impugned order passed by respondent No. 1 is not sustainable - Petition allowed.
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