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2017 (6) TMI 426 - CESTAT BANGALORE

2017 (6) TMI 426 - CESTAT BANGALORE - TMI - Liability of interest u/s 11 of CEA, 1944 - price variation clause - payment of duty on differential amount - Held that: - the issue involved in the present case is no more res integra and has been settled by the Hon’ble Supreme Court in the case of CCE, Pune vs. SKF India Ltd. [2009 (7) TMI 6 - SUPREME COURT], wherein the Supreme Court has categorically held interest is to be paid on the differential duty arising on account of the price variation - in .....

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the appeals of the appellant and upheld the demand of interest under Section 11 of Central Excise Act, 1944 on the differential duty paid by them. The details of all the three appeals are given herein below: Appeal No. Period Demand Notice No. & Date Interest demanded E/23507/2014 January 04 to January 07 No.01/2010 dt. 8.3.2010 Rs.6,17,088/- E/23508/2014 May 07 to March 09 No.01/2009 dt. 14.12.2009 Rs.10,03,757/- E/23509/2014 March 07 to May 07 No.02/2011 dt 23.5.2011 ₹ 4,63,257/- Sin .....

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by KSEB contained a clause that the final rate will be decided after getting government decision. Accordingly, the prices are revised subsequently and the assessee raises supplementary invoices for the differential price and differential duty and pays the differential duty. On scrutiny of ER-1 Returns filed by the appellant for the months as shown in the table above, it was noticed that the appellants have paid differential duty on the supplementary invoices raised for clearance of electric mete .....

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en to the appellant on the belated payment of escalated price by the buyer, KSEB and if interest is levied on such duty, it will defeat the very purpose of the Government to give escalated price to the appellant. The Commissioner (A) after considering the submission of the appellant dismissed all the three appeals relying upon the judgment of Supreme Court in the case of SKF India Ltd. reported in 2009-TIOL-82. 3. Heard both the parties and perused the material on record. 4. Learned counsel for .....

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d there is no allegation in the demand notice about any suppression of fact, wilful mis- statement, fraud, collusion on the part of the appellant for non-payment of interest on the additional duty paid. He further submitted that the Commissioner (A) has wrongly held that limitation for demand of duty does not apply to the demand of interest. Learned counsel further submitted that the judgment of the Hon ble Supreme Court in the case of SKF India Ltd. cited supra is not applicable in the present .....

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