2008 (7) TMI 278 - HC - Central Excise

Leviability of interest in case of price escalation - If neither side to the transaction was aware as to the amount which was to be charged and which was to be paid under the escalation clause on the date when the transaction was entered into, no liability to pay interest can arise under the provisions of Section 11AB therefore, no interest as prescribed under the provisions of Section 11AB of the Act can be recovered when the differential duty is paid on price variation

Summary

Issues:
Interpretation of Section 11AB of the Central Excise Act, 1944 regarding recovery of interest on differential duty paid due to price variation.

Analysis:
1. The case involved a dispute regarding the recovery of interest under Section 11AB of the Act when differential duty was paid on price variation by the respondent-assessee. The appellant department contended that interest was payable due to delayed payment of excise duty, while the respondent-assessee argued that no interest was leviable in such circumstances.

2. The appellant department argued that the duty of excise is chargeable on the value of goods at the time of sale, as defined in Section 4 of the Act. The transaction value includes the price actually paid or payable for the goods, along with any additional amount the buyer is liable to pay by reason of or in connection with the sale. The appellant contended that the Tribunal erred in not considering this definition in relation to the payment of interest.

3. The High Court analyzed the definition of 'transaction value' under Section 4 of the Act, emphasizing that the value on which duty is chargeable must be the price actually paid or payable for the goods at the time of sale. The Court noted that if the buyer was not aware of the additional price payable at the time of the transaction, mere existence of an escalation clause in the contract does not bring subsequent escalation within the definition for levying interest.

4. Section 11AB of the Act specifies that interest is payable on the amount short paid from the first month following the due date of duty payment. The Court held that the provisions of Section 4 must be interpreted in light of this requirement, meaning that there must be a clear liability to pay duty at the time of the transaction for interest to be levied. If both parties were unaware of the amount to be paid under an escalation clause at the time of the transaction, no interest liability arises under Section 11AB.

5. The Court found that in the present case, there was no evidence that the buyer was aware of the amount payable under the escalation clause at the time of the transaction. Therefore, the Court concluded that no substantial question of law arose from the Tribunal's order, and the appeal was dismissed.

This detailed analysis of the judgment highlights the key legal interpretations and reasoning applied by the High Court in resolving the issues raised in the case related to the recovery of interest on differential duty paid due to price variation under the Central Excise Act, 1944.