2011 (10) TMI 134 - AT - Central Excise

Interest is payable on differential duty accrued and paid through supplementary invoices raised subsequent to the actual despatch, due to price variation/ escalation Clause in the contract/ purchase order - Held that extended period was not invoked in the show cause notice and demand for interest was beyond the period of one year as prescribed under Section 11A of the Central Excise Act, 1944 - appeal filed by the Revenue is rejected

Summary

Issues:
Whether interest is payable on differential duty accrued and paid through supplementary invoices due to price variation/escalation clause in the contract/purchase order.

Analysis:
The issue in this appeal before the Appellate Tribunal CESTAT, Ahmedabad was whether interest is payable on differential duty accrued and paid through supplementary invoices due to price variation/escalation clause in the contract/purchase order. The Tribunal noted that the Commissioner (Appeals) had previously held that the respondent was not liable for the interest. The Tribunal's order was challenged by the Revenue in the High Court, which remanded the matter back to the Tribunal for fresh consideration. The High Court observed that the issue of interest on differential duty had been decided against the assessee in a previous case but acknowledged that other submissions of the respondent were not considered.

The respondent's counsel argued that the show cause notice was issued without allegations of suppression of facts, mis-declaration, or fraud, and therefore, the demand cannot be sustained beyond one year. It was also highlighted that the appellant had paid the differential duty and included details of the payment in the supplementary invoices. The counsel relied on a Tribunal decision in a similar case to support the argument that the demand for the period beyond the extended period cannot be upheld.

Upon considering the submissions, the Tribunal found that the extended period was not invoked in the show cause notice, and the demand for interest was beyond the one-year limitation prescribed under Section 11A of the Central Excise Act, 1944. The Tribunal also noted that the decision in a similar case supported the conclusion that the demand for interest beyond the limitation period cannot be sustained. Therefore, while the demand for interest on merits would have been sustained, it was rejected on the grounds of limitation. Consequently, the appeal filed by the Revenue was rejected by the Tribunal.