2008 (1) TMI 659 - AT - Central Excise

Summary

Issues:
Demand of interest on duty paid on additional amounts received on account of a price escalation clause in the purchase order.

Analysis:
The dispute in this case revolves around the demand of interest on duty paid due to additional amounts received based on a price escalation clause in the purchase order. The appellant argued, citing a previous decision, that since they paid the duty amount when receiving additional amounts and the assessment is provisional due to the price escalation clause, no interest or penalty should be imposed. The ld. D.R. supported the impugned order.

Upon considering the arguments from both sides, the judge found merit in the consultant's submissions. The assessment is deemed provisional due to the price escalation clause in the purchase order. As the appellants paid the duty amount upon receiving additional amounts, there was no short payment, leading to no basis for charging interest. The judge relied on a previous decision by the same Bench to conclude that no penalty should be imposed in such cases. Consequently, the impugned order was set aside, the requirement of pre-deposit was waived, and the appeal was allowed. The judgment was dictated and pronounced in open court.