2012 (7) TMI 570

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..... nment. On a perusal of the record, I find that the issue involved in this case is already covered by binding case law. In the circumstances, I am inclined to dispose of this appeal.   2. The appellant had cleared their excisable products on payment of duty based on the price originally agreed with the buyers, during the period from March 2004 to March 2008. Subsequent to such clearance, the .....

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..... were contested by the assessee. In adjudication of the dispute, the learned Additional Commissioner appropriated the differential duty amount under Section 11A of the Act and demanded interest thereon amounting to Rs.3,20,017/- under Section 11AB of the Act. A penalty of Rs.1 lakh was imposed on the assessee under Section 11AC ibid. The learned Commissioner (Appeals), in an appeal filed by the ass .....

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..... uto Ltd.: 2010 (250) E.L.T. 3 (SC). The learned Deputy Commissioner (AR) has also cited certain orders of the Tribunal which relied on the ruling of the apex court.   3. The Hon ble Supreme Court, on a similar set of facts, held that the payment of differential duty was under sub-section 2(B) of Section 11A of the Central Excise Act and, therefore, interest was leviable thereon under Section .....

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