TMI Blog2016 (8) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... ual data, they re-determined the assessable value and paid the differential duty. - Held that:- It is the contention of the Appellant now before this forum is that the demand for interest since issued in 2012, hence barred by limitation. - following the decision in the case of Hindustan Insecticides Ltd (2013 (8) TMI 225 - DELHI HIGH COURT), demand of interest set aside - Decided in favor of asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luation Rules, 2000. At the time of clearance, the Appellants adopted the CAS-4 data of previous year to arrive at the cost of production, and on receipt of the actual data, they re-determined the assessable value and paid the differential duty. However, they have not paid the interest on the delayed payment of differential duty. Show Cause cum demand notice was issued on 25.05.2012, for recover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .), the decision of Hon'ble Gujarat High Court in the case of CCE Vadodara-II Vs Gujarat Narmada Fertilizers Co Ltd - 2012 (285) ELT 336 (Guj) and the decision of this Tribunal in their own case i.e. Gujarat State Fertilizers Chem. Ltd Vs CCE Vadodara-I - 2013 (289) ELT 489 (Tri-Ahmd). 4. The learned Authorised Representative reiterates the findings of the learned Commissioner (Appeals) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment of Hon'ble Gujarat High Court in the case of Gujarat Narmada Fertilizers Co Ltd (supra) recorded at Para 14 as follows:- 14. A reading of the aforesaid paragraph would show that in the said case notice of payment for interest was issued after four years and it was held that it was beyond a reasonable period and the department could recover the amount from the Assessing Officer, who h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt approving the view of the Tribunal in TVS Whirlpool Limited (supra) wherein pari materia provisions of the Customs Act were considered. This being a distinguishing feature, we feel that the appellant is entitled to succeed in the present appeals. The question of law is accordingly answered in affirmative, i.e., in favour of the appellant and against the respondent-Revenue. 5. In view of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
