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2016 (3) TMI 476 - CESTAT MUMBAI

2016 (3) TMI 476 - CESTAT MUMBAI - 2016 (333) E.L.T. 124 (Tri. - Mumbai) - Differential duty paid on account of revision of cost in respect of captively consumed goods and transferred to their sister unit - whether subject to interest or not and penalty should be imposed or not? - Held that:- We find that the demand of interest under Section 11AB is correctly confirmed by the adjudicating authority and upheld by the first appellate authority as interest liability arises on the differential Centr .....

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visions during the material period. The differential duty has arisen due to revision in the cost not done at the time of clearance of the goods to their sister concern. We find strong force in the contentions raised by the learned Counsel that the issue is of revenue neutrality as duty paid on clearance of the goods to their sister concern is cenvatable. We find strong force in the contentions raised by the learned Counsel that the issue is revenue neutral as any amount paid as central excise on .....

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r own revised the price and discharged the differential duty there seems to be no violation of any provisions. Penalty imposed on the appellant is unwarranted. - Decided in favour of assessee in part - Appeal No. E/2288/05 - Order No. A/3487/2015-WZB/EB - Dated:- 6-10-2015 - MR. M.V. RAVINDRAN, MEMBER (JUDICIAL) AND MR. C.J. MATHEW, MEMBER (TECHNICAL) For the Petitioner : Shri Ravi L. Ramanan SGM, HOD AFS Excise For the Respondent : Shri N.N. Prabhudesai, Supdt. (AR) ORDER PER: M.V. RAVINDRAN Th .....

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isputing the fact that they are liable to pay differential duty which they paid so. They are only disputing the demand of interest and the imposition of penalty. We find that the demand of interest under Section 11AB is correctly confirmed by the adjudicating authority and upheld by the first appellate authority as interest liability arises on the differential Central Excise duty paid due to revision of the cost of the goods. This law is settled and does not require any revisit. 4.1 As regards t .....

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