2012 (11) TMI 992 - AT - Central Excise

Interest on differential duty Held that - Appellant assessee is liable to discharge interest liability on the Central Excise duty paid by issuing supplementary invoices for the increased price of the final products cleared by them to their suppliers against assessee

Summary

Issues:
1. Stay petition and appeal against Order-in-Appeal No. OIA No. Comm r(A)/71/VDR-I/2011 dated 21.02.2011.
2. Discharge of duty liability on enhanced value in the contract and interest liability.
3. Applicability of judgments in MRF Limited vs. Commissioner of Central Excise, Madras and Commissioner of Central Excise, Pune vs. SKF India Limited.
4. Liability of the appellant to discharge interest on Central Excise duty paid through supplementary invoices.

Analysis:

1. The appellant issued supplementary invoices from September 2008 to September 2009, discharging duty liability on enhanced contract value. Revenue authorities contended that interest liability on the duty amount should also be paid. The original order against the appellant was upheld by the first appellate authority, leading to the current appeal.

2. The appellant argued that their case aligns with the judgment in MRF Limited vs. Commissioner of Central Excise, Madras, emphasizing that if a refund was not granted, no duty should be paid on price increase, thus negating the need for interest payment. On the contrary, the SDR referenced the judgment in Commissioner of Central Excise, Pune vs. SKF India Limited, indicating the appellant's liability for interest, a stance supported by various Tribunal decisions.

3. After considering both sides' arguments, the judge noted that the issue was settled against the appellant. The appellant was deemed liable to pay interest on Central Excise duty for issuing supplementary invoices reflecting increased product prices. Citing precedents like SKF India Limited and KEC International, the judge found no merit in the appeal, upholding the impugned order as legally sound and correct.

4. Consequently, the appeal was rejected, affirming the decision that the appellant must discharge interest liability on the Central Excise duty paid through supplementary invoices. The judgment highlighted the settled legal position on the matter, drawing on relevant case law and Tribunal decisions to support the dismissal of the appellant's appeal.