2007 (4) TMI 183 - HC - Central Excise

There is no time gap between the date on which differential (revised) rates applicable with retrospective effect were learnt & the date on which the differential duty was paid by assessee hence levy of interest u/s 11AB for delayed payment of duty is not applicable

Summary

Issues:
- Appeal under section 35G of the Central Excise Act, 1944 against order passed by Commissioner, Central Excise and Customs (Appeals) and judgment by the Member, Customs Excise and Service Tax Appellate Tribunal (CESTAT).
- Liability of interest under section 11AB of the Central Excise Act, 1944 for delayed payment of differential duty.
- Interpretation of section 11AB in the context of differential duty payment and interest calculation.

Analysis:
1. The case involved an appeal under section 35G of the Central Excise Act, 1944 against the order passed by the Commissioner, Central Excise and Customs (Appeals) and the judgment by the Member, Customs Excise and Service Tax Appellate Tribunal (CESTAT). The appellant, a manufacturer of motor-vehicle parts, was called upon to pay interest of Rs. 1,37,001 under section 11AB of the Act for delayed payment of differential duty. The Commissioner (Appeals) set aside the order, which was upheld by CESTAT, leading to the Department's appeal before the High Court.

2. The main issue revolved around the liability of interest under section 11AB of the Central Excise Act, 1944 for the delayed payment of differential duty. The Department contended that interest was payable due to a time gap between learning of revised rates and payment of duty. However, the Court noted that the duty was paid immediately upon learning of the revised rates, eliminating any delay in payment. The Court emphasized that section 11AB applies when duty is short-paid, which was not the case here as the duty was paid promptly upon becoming aware of the revised rates.

3. The interpretation of section 11AB in the context of differential duty payment and interest calculation was crucial. The Court analyzed the provisions of section 11AB, which stipulate that interest is payable when duty has not been levied or is short-paid. In this case, the duty was voluntarily paid by the assessee upon discovering the revised rates, indicating no shortfall in duty payment. The Court concurred with the Commissioner (Appeals) and CESTAT that section 11AB was not applicable as the duty was paid promptly upon becoming aware of the revised rates, thus dismissing the appeal summarily.