2011 (3) TMI 725 - HC - Central Excise

Show Cause Notice under sub-section (1) of Section 11A - differential duty - interest is liable to be paid on such duty if the differential duty has been paid before the issue of Show Cause Notice - Held that - differential duty is paid before the proceedings were initiated under sub-section (1) of Section 11A of the Act the interest for the delayed payment has to be paid - In other words once there is a delay in payment of duty interest follows subsequent to the amendments Act No. 32/2003 - Decided in favour of assessee.

Summary

Issues:
1. Whether interest is payable on the differential duty when paid before the issuance of a Show Cause Notice.
2. Interpretation of Sections 11A and 11AB of the Central Excise Act, 1944 regarding the payment of duty and interest.

Analysis:

Issue 1:
The main issue in this case is whether interest is liable to be paid on the differential duty when it was paid before the issuance of a Show Cause Notice. The Tribunal held that when the differential duty was paid before the notice was issued, no interest is payable on such duty. The appellant, the revenue, challenged this decision.

Issue 2:
The case involves the interpretation of Sections 11A and 11AB of the Central Excise Act, 1944. Section 11A deals with the recovery of duty not levied or paid, while Section 11AB pertains to interest on delayed payment of duty. The Act was amended to provide that if the payment of differential duty is made, no notice shall be served under Section 11A. However, interest is still payable on delayed payment of duty, even if the differential duty is paid before the initiation of proceedings under Section 11A.

The period in question in this case is after the relevant amendments to the Act. The duty was not paid at the time of clearing the goods, but before any proceedings were initiated under Section 11A, the assessee paid the differential duty and interest. The assessee then sought a refund of the interest paid, claiming they were not liable to pay interest.

The Appellate Authority and the Tribunal held that since the differential duty was paid before the issuance of the Show Cause Notice, the interest was not payable. However, the High Court allowed the appeal, setting aside the Tribunal's decision and restoring the Order-in-Original passed by the Assessing Authority. The court ruled in favor of the revenue, stating that interest on the delayed payment of duty must be paid, even if the differential duty is paid before the initiation of proceedings under Section 11A.