2009 (8) TMI 1170 - AT - Central Excise

Summary

Issues:
1. Liability for interest on differential duty payment under Central Excise Valuation Rules, 2000.

Analysis:
In this case, the applicant cleared goods to their sister concern on a stock transfer basis under Rule 8 of Central Excise Valuation Rules, 2000. The applicant initially charged duty provisionally and later paid the differential duty after determining the cost of production as per CAS-4. The Revenue contended that the applicant is liable for interest on this differential duty payment. The impugned order confirmed the interest demand but waived the penalty. The applicant challenged the interest demand, claiming revenue neutrality as duty was not payable. The Advocate for the applicant argued that if duty is not payable, interest cannot be charged. However, the JDR argued that since the applicant quantified the differential duty upon finalizing the cost of production, interest is leviable. Reference was made to a previous case where it was held that interest is applicable on delayed or deferred duty payments.

The Member (J) considered the arguments of both parties and the case's circumstances. It was found that the applicant had a strong prima facie case. Consequently, the Member (J) granted a waiver of the pre-deposit of the interest demand and stayed the demand during the appeal's pendency. The decision was pronounced in court by the Member (J).