TMI Blog2017 (1) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... e valuation is under Rule 8 of Valuation Rules 2000, which is only applied in a case where the goods are not sold and the sale value is not available. Since no sale is involved question of issuance of supplementary invoice does not arise - the interest is correctly payable by the appellant on the delayed payment of duty - appeal dismissed - decided against assessee. - Appeal No. E/935/11 - A/85036/17/SMB - Dated:- 30-12-2016 - Shri Ramesh Nair, Member (Judicial) Ms. Aparna H. Adocate, for Appellant Shri N.N. Prabhudesai, Supdt. (A.R) for respondent ORDER The fact of the case is that the appellant is discharging excise duty on the value in terms of Rule 8 of the Central Excise Valuation Rules, 2000. As per the said Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T.V.S. Whirlpool Ltd. 1996 (86) E.L.T. 144 (Tribunal) Upheld by Commissioner Vs. T.V.S Whirpool Ltd. 2000 (119) E.L.T. A177 (S.C.) (v) Government of India Vs. Citedal Fine Pharmaceuticals 1989 (42) E.L.T. (vi) Jai Bharat Maruti Ltd. Vs. Commissioner of Central excise, Delhi-III 2014 (307) E.L.T. 282 ( P H) She also submits that the issue of interest on the differential duty is pending with the Larger Bench of the Supreme Court in the case of Steel Authority of India Ltd. Vs. Commissioner of C. Ex. Raipur 2015 (326) E.L.T. 450 (S.C.). 3. On the other hand, Shri N.N. Prabhudesai, Ld. Superintendent (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. He submits that as regard the interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the inherent power of the Hon ble High Court, which power is not vested in this Tribunal. Therefore this Tribunal cannot grant any relief as regard recovery of interest. Regarding the issue of charging interest on differential duty referred to the Larger Bench of the Hon ble Supreme Court in the case of Steel Authority of India Ltd. (supra) , I am of the view that the fact in that case is totally different from the facts in the present case. The matter referred to the Larger Bench of the Supreme Court involves the sale of the goods and issuance of the supplementary invoice. In the present case valuation is under Rule 8 of Valuation Rules 2000, which is only applied in a case where the goods are not sold and the sale value is not availab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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