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2018 (5) TMI 1449 - AT - Central ExciseLiability of Interest and penalty - it was alleged that the appellant had issued supplementary invoices to collect differential price and the appellant discharged the duty liability at the rate of 14% and 10%, instead of discharging at the rate of 16% and 14% thereby leading to the short payment of duty - Held that: - the impugned order alleging suppression by the appellant is not tenable in the facts and circumstances of the case. The appellant had a bona fide belief that the rate of duty as applicable at the time of raising the supplementary invoice and paid the said duty and also subsequently reversed the proportionate credit along with interest on 13/06/2012. The issue is settled in the case of CCE, Pune Vs. SKF india Ltd. [2009 (7) TMI 6 - SUPREME COURT] wherein the Supreme Court has laid down that differential duty covered by sub-section (2B) of Section 11A attracts interest - the assessee is liable to pay interest on delayed payment of differential duty. Penalty - Held that: - since there was no suppression on the part of the appellant and the appellant paid the duty after finalization of price, penalty not warranted and is set aside. Appeal allowed in part.
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