2017 (3) TMI 1411 - HC - Central Excise

Short payment of tax - BED - excess payment under Education Cess and SHE Cess - whether for the excess paid tax, adjusted with the short paid tax, the assessee is required to pay interest for short paid duty under BED? - Held that - considering the provision of Section 11AB of the Act, it is required to be noted that interest is leviable on the amount of duty due and payable - Admittedly, ₹ 12,21,639/- was due and payable by the appellant under the BED. At the same time, the appellant shall also be entitled to interest on the refund on the amount of ₹ 12,21,639/- paid under the head of Education Cess and SHE Cess - no error has been committed by the learned Tribunal while passing the impugned order - appeal dismissed - decided against appellant-assessee.

Summary

Issues:
1. Interpretation of the impugned order by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).
2. Validity of raising demand of interest under Section 11 AB on an amount deposited under a different accounting head.
3. Consideration of duty payment under the wrong accounting head as short payment under Section 11A.
4. Assessment of excess payment of duty in Education & SHE Cess as a case of short payment invoking Section 11AB.
5. Adjustment of Secondary and Higher Education Cess against Basic Excise Duty.

Analysis:
1. The appellant challenged the CESTAT's order dismissing their appeal against the demand of Basic Central Excise Duty and interest. The Commissioner (Appeals) held the appellant made a short payment, directing deposit under Basic Excise Duty. CESTAT affirmed this, leading to a second payment by the appellant, triggering interest demand.
2. The appellant argued that the excess payment under Education Cess and SHE Cess should offset the Basic Excise Duty shortfall, causing no revenue loss. They contended for internal adjustments to rectify the error.
3. The appellant faced hardship due to double deposit of the duty amount. They claimed Section 11AB inapplicability as the excess payment was discovered later, not warranting interest payment.
4. The department opposed, asserting the due Basic Excise Duty and the appellant's subsequent payment. They noted the appellant's refund claim for the excess Education Cess and SHE Cess amount.
5. The Tribunal upheld the Commissioner (Appeals)'s order, directing the appellant to deposit the due amount under Basic Excise Duty and file a refund claim for the excess paid under Education Cess and SHE Cess. The appellant complied with these directions.

Conclusion:
The Tribunal's decision was deemed correct as the appellant fulfilled the requirements set by the Commissioner (Appeals) and Tribunal. Interest under Section 11AB was held applicable on the due Basic Excise Duty amount. The cited circulars and case laws were found irrelevant to the present case. Consequently, the appeal was dismissed, with no substantial question of law identified.