Tax Management India. Com TMI - Tax Management India. Com
Case Laws Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Manuals Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

M/s. Asiatic Gases Ltd. Versus Commissioner of Central Excise, Mumbai -III

2015 (10) TMI 1155 - CESTAT MUMBAI

Demand of interest on differential duty - Whether the appellant is required to pay interest in a case where duty alongwith part interest was paid voluntarily - Held that:- Issue is confined to demand of interest under Section 11AB. As it is admitted fact that there is substantial delay in payment of duty even though appellant has paid interest voluntarily. I am of the view that even though the duty was not determined under subsection (2) of Section 11A but when there admitted delay in payment of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

refore the same is sustained - Decided against assessee. - Appeal No. E/1746/11-MUM - Dated:- 8-5-2015 - Ramesh Nair, Member (J), J. For the Appellant : Shri S P Tavkar, Consultant For the Respondents : Shri N N Prabhudesai, Superintendent (AR) & Shri Ashutosh Nath, Asstt Commissioner (AR) ORDER Per : Ramesh Nair This appeal is directed against Order-in-Appeal No. PKS/84/BEL/2011-12 dtd. 4/8/2011 passed by the Commissioner of Central Excise (Appeals), Mumbai - III, wherein Ld. Commissioner ( .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

from demand of interest of ₹ 1,06,516/-. He submits that interest on the delayed payment of duty cannot be demanded unless duty is determined under sub-section (2) of Section 11A. It is his submission that in the present case duty was not determined under subsection (2) of Section 11A therefore interest under Section 11AB cannot be demanded. It is his submission that differential duty was paid by the appellant voluntarily on there own therefore it is not case of determination of duty in t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

C. Ex, Mumbai [2011 (272) ELT 136 (Tri-Mumbai)] 4. On the other hand, Shri Ashutosh Nath, Asstt. Commissioner (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. He submits that the interest is chargeable on delayed payment of duty and delay may be under any circumstances. In his support he relied upon the judgment in the case of Commissioner of Central Excise vs. International Auto Ltd. [2010 (250) ELT 3 (SC)] . He also placed reliance on following judgment .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 
 


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version