TMI Blog2018 (5) TMI 1505X X X X Extracts X X X X X X X X Extracts X X X X ..... ause there was a variation clause in the purchase order and on finalization of the price, the appellant paid the differential duty immediately - the assessee is liable to pay interest on delayed payment of differential duty. Penalty - Held that: - since there was no suppression on the part of the appellant and the appellant paid the duty after finalization of price, penalty not warranted. Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Department, it was noticed that the appellant have issued price escalation bills, including central excise duty to KSEB for the PSC poles manufactured and cleared to KSEB for the period from October 2006 to June 2008 without intimating the same to the department nor paying the differential duty so collected from KSEB. The original authority after following the due process of law, confirmed the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ized and finally when the prices were settled vide their letter dt. 16/01/2009 and thereafter they paid the differential duty oh 12/03/2009 and thereafter the show-cause notice was issued on 17/07/2009 alleging suppression. 5. After considering the submissions of both sides and perusal of records, I find that the impugned order alleging suppression by the appellant is not tenable in the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and judgment reported in 2010(250) ELT 73 (SC) has laid down that differential duty when paid after clearances indicate short payment of duty on the date of removal and hence interest becomes leviable. Since the matter has been settled by the apex court, by following the ratio of the said decision, I hold that in the present case also, the assessee is liable to pay interest on delayed payment of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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