TMI Blog2012 (1) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... duty u/s 11A is normally one year and, in exceptional circumstance of a case falling under the proviso to Section 11A(1), the period of limitation is five years. But that would be applicable only in case of misstatement, fraud, concealment etc., which is not the case here. As such, in the present case, the period of limitation for the demand for duty would be one year. Thus, the period of limitation for demand of interest thereon would be one year - Decided in favor of assessee. - W.P.(C) 14414-15/2006 - - - Dated:- 18-1-2012 - Badar Durrez Ahmed, V.K. Jain, JJ. R. Narain with Mallika Joshi, Amrita Chatterjee and Rajan Narain for the Petitioner Satish Kumar for the Respondent Badar Durrez Ahmed, J 1. By way of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of differential duty amounting to Rs.75,16,661/- had been paid, it appears that the respondents did not pursue the demand towards differential duty any further. However, the department issued another letter dated 19.10.2005, wherein it demanded the said sum of Rs.24,05,332/-, this time, towards the payment of interest on the differential duty of Rs.75,16,661/-, purportedly under the provisions of Section 11AA of the Central Excise Act, 1944. 3. The short point that arises for consideration in this writ petition is whether the demand for payment of interest would be barred on account of delay and laches. The learned counsel for the petitioner submitted that the amount determined by the Assistant Commissioner in the order-in-original w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f duty. This matter was carried in appeal to the Supreme Court. The matter was numbered as Civil Appeal No. 7299-7309/1997. The Supreme Court by an order dated 07.10.1999 held as under:- "It is only reasonable that the period of limitation that applies to a claim for the principal amount should also apply to the claim for interest thereon. We find no merit in the appeals and they are dismissed with costs." 5. It is, therefore, clear that the principle adopted by the Supreme Court was that the period of limitation, unless otherwise stipulated by the statute, which applies to a claim for the principal amount should also apply to the claim for interest thereon. If that be the position, the period of limitation prescribed for demand of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
