9911796707
TMI Blog2016 (9) TMI 481X X X X Extracts X X X X X X X X Extracts X X X X ..... II [2015 (11) TMI 953 - CESTAT NEW DELHI (LB)] which was relied on the judgment of Hon’ble Karnataka High Court in the case of Toyota Kirloskar Auto Parts India Pvt. Ltd. vs CCE [2011 (10) TMI 201 - KARNATAKA HIGH COURT] held that adjustment is possible and after adjustment if any further amount is payable, on that amount the interest liability is required to be discharge. Therefore, the adjustment of excess duty against short fall in the duty liability is permissible under the law. However, in the present case since after adjusting the duty liability from the excess paid duty further amount is payable by the appellant, which was subsequently, we are of the view that the interest liability is required to be discharged for short payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ince the appellant was not in position of ascertain the correct assessable value, it resorted to the provisional assessment under Section 7 of the Central Excise Rules, 2002. Upon submission of the required documents, the jurisdictional Central Excise authorities finalized the provisional assessment and demanded Central Excise duty on the ground that the duty attributable to captive consumption were short paid. Pursuant to the query of the Department, the appellant submitted that on sale of the finished product, namely, unprocessed fabric, the appellant had discharged excess payment of duty to the tune of ₹ 38,36,604/- and 30,44,912/- and for the purpose of short payment of duty, the excess paid duty may be adjusted and the balance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia Pvt. Ltd. vs CCE reported in 2012 (276) ELT 332 (Kar.), the Larger Bench of the Tribunal has held adjustment is possible and after adjustment if any further amount is payable, on that amount the interest liability is required to be discharged. Therefore respectfully following the decision of Larger Bench of this Tribunal in the case of Hindustan Zinc Ltd. (supra), we are of the view that adjustment of excess duty against short fall in the duty liability is permissible under the law. However, in the present case since after adjusting the duty liability from the excess paid duty further amount is payable by the appellant, which was subsequently, we are of the view that the interest liability is required to be discharges for short payme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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