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Central Excise - Highlights / Catch Notes

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Levy of interest on the differential duty paid during the ...

Central Excise

June 2, 2023

Levy of interest on the differential duty paid during the relevant period - extended period of limitation - With regard to applicability of period of limitation for recovery of interest incorporated at sub-section (15) in Section 11A of CEA, 1944 with effect from 08.4.2011, the demand of interest can be sustained only for the normal period. - AT

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  1. There was no provisional assessment during the relevant period - the appellants are not required to pay differential duty in cases where goods have been sold at higher...

  2. Demand for interest on delayed payment of duty - appellant is liable to pay the interest on the differential duty paid through supplementary invoices.

  3. Project imports - Levy of interest for duty foregone - failure to fulfil the export obligation - The recovery of differential duty and charging of interest confirmed -...

  4. Extended period of limitation - in cases of intention to evade duty relevant date for computation of extended period for show cause is the date of knowledge - AT

  5. Demand of differential Duty - Revenue has only wasted its energy when there is no revenue loss and therefore, unjustifiably extended the larger period of limitation, for nothing.

  6. Levy of interest on differential duty raised through supplementary invoice - retrospective increase of price of finished goods - demand of interest confirmed - penalty waived - AT

  7. Interest on differential duty - price escalation clause - Levy of interest confirmed. - HC

  8. Interest on delayed payment of differential duty - period of limitation - demand of interest issued after 3 years, hence barred by limitation - AT

  9. Demand of interest - interest is chargeable on the differential duty paid through supplementary invoices raised by the appellants. - AT

  10. Supplementary invoice - Manufacturer is liable to pay interest on additional duty (Differential duty).... - AT

 

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