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Bharat Electronics Limited Versus Commissioner of Central Excise, Customs and Service Tax Bangalore-LTU

2018 (2) TMI 910 - CESTAT, BANGALORE

Demand of interest under Rule 7(4) of the Central Excise Rules read with Section 11AA of Central Excise Act - finalization of provisional assessment - Held that: - the issue is no more res integra and has been settled by the Hon'ble Supreme Court in the case of Commissioner V. CEAT Limited [2015 (12) TMI 1587 - SUPREME COURT] wherein it was held that interest is not required to be paid on differential duty if the same is paid before finalization of assessment - appeal allowed - decided in favor .....

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manufacture of Tablet PCs, additional Battery Packs, Solar Chargers etc. They obtained an Order for supply of Tablet PCs, Battery Packs and Solar Chargers from the Ministry of Rural Development, Government of India, vide Purchase Order dt. 10.06.2011 and 23.01.2012. In the said Purchase Orders the indicative unit prices were follows - Tablet PC (Rs. 3308/- per piece), Additional Battery Pack (Rs. 750/- per piece) and Solar Charger (Rs. 1950/- per piece). As these were indicative prices, the appe .....

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as ₹ 365.31 Crore for Six lakh Tablet PCs, ₹ 6 Lakh for Additional Battery Pack and 60000 Nos. of Solar Chargers. Applying the price arrived at by the Chief Advisor (Cost) to the 6.4 Lakh Tablet PCs, 6.4 Lakh Additional Battery Packs and 60000 Nos. of Solar Chargers, the total cost/price comes to ₹ 388.94 Crores. However, the final price was to be paid to the appellant after approval of EFC. The appellant further informed that the Ministry had confirmed the final price of the .....

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ferential duty of ₹ 45,15,472/- (Rupees Forty Five Lakhs Fifteen Thousand Four Hundred and Seventy Two only) on Tablet PCs and Additional Battery Packs, cleared during the period March 2012 to May 2012 (for 2nd Provisional Assessment). 1.4. The Assistant Commissioner of the Central Excise vide two Orders-in-Original finalized the provisional assessment and appropriated the amount paid and confirmed the demand of interest under Rule 7(4) of the Central Excise Rules read with Section 11AA of .....

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