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2015 (10) TMI 2283 - SUPREME COURT

2015 (10) TMI 2283 - SUPREME COURT - 2015 (324) E.L.T. 636 (SC) - Short payment of excise duty - Interest u/s 11AB - Held that:- After the issuance of show cause notice, Order-in-Original was passed. However, the High Court set aside the Order-in-Original relying upon the judgment in the case of 'CCE, Mangalore v. Sri Krishna Pipes Industries Limited [2004 (1) TMI 82 - HIGH COURT OF KARNATAKA AT BANGALORE]. - As a result, the impugned judgment of the High Court is set aside and the interest whic .....

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ty by the respondent-assessee. The said shortfall was made good by the assessee, though belatedly. For this delayed period, the Revenue imposed interest under Section 11AB of the Central Excise Act, 1944 (hereinafter referred to as 'Act'). After the issuance of show cause notice, Order-in-Original was passed. However, the High Court set aside the Order-in-Original relying upon the judgment in the case of 'CCE, Mangalore v. Sri Krishna Pipes Industries Limited [2004 (165) ELT 508]. Th .....

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Central Excise Act, 1944. Section 11A(2B) of the Central Excise Act, 1944, reads as follows: Where any duty of excise has not been levied or paid or has been short-levied or erroneously refunded, the person, chargeable with the duty, may pay the amount of duty before service of notice on him under sub-section (1) in respect of the duty, and inform the Central Excise Office of such payment in writing, who, on receipt of such information shall not serve any notice under sub-section (1) in respect .....

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