Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2014 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (1) TMI 108 - CESTAT BANGALOREInterest on differential duty u/s 11AB of Central Excise Act - Waiver of Pre-deposit – Necessary particulars for determination of assessable value by CAS-4 method was not available - Held that:-The differential duty payment was not at the instance of the department - voluntary payment of duty would squarely attract sub-section (2B) – Thus, the liability to pay interest in terms of the relevant Explanation to the sub-section is irresistible - Prima facie, the appellant is liable to pay interest under Section 11AB of the Act on the differential amounts of duty paid under supplementary invoices – Following Commissioner of C. Ex. vs. SKF India Ltd. [2009 (7) TMI 6 - SUPREME COURT ] - Assessee offered to make pre-deposit of Rs. 10 lakhs towards the total demand of interest of Rs. 1.15 crores – the amount offered by the assessee accepted as the pre-deposits – Upon such submission rest of the duty to be waived till the disposal – Partial stay granted.
|