2009 (4) TMI 66 - HC - Central Excise

Additional amount received by the assessee after the goods stood cleared from the factory gate on account of price escalation As a result of upward rise of the prices with retrospective effect, the respondent-assessee paid difference of Excise duty - leviability of interest on the additional duty paid u/s 11AB in view of decision of SC in the case of M/s Rucha Engineering Pvt. Ltd., order passed by the Tribunal is set aside and the matter is remanded back to the Tribunal to consider the issue afresh and decide the same in accordance with law

Summary

The High Court of Punjab and Haryana, in the 2009 judgment M.M. KUMAR and H.S. BHALLA, JJ., addressed the case involving C.E.A. Nos. 129 and 141 of 2008. The appeal was filed under Section 35-G of the Central Excise Act, 1944, challenging an order by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi. The respondent-assessee had paid additional excise duty of Rs. 31,12,007 due to an upward revision of product prices, resulting in a dispute over interest charges on the additional amount received after goods were cleared. The judgment referenced a similar case decided by the Supreme Court, which ordered fresh consideration by the Tribunal to determine if the revenue was entitled to interest from the date of the original invoice. The Tribunal's decision was set aside, and the matter was remanded back for further consideration. The judgment Fame was liberty the,'en the,inski theinous a- the the the the the the the the the the a a- the,:) the) theous parties which theageingingingion aph to aph to aph to allinginginginginging theed aph clears theed aph aph to aph aph aph aph aph ainginginging aingioningingioningioninginginging aided aph theed conj the the the the the the the the the the the a direct are to a toing such towards such are for a detailed analysis of the case, including the issues and the final disposition of the appeals. The judgment ultimately concluded by disposing of the appeals in the above terms.