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TMI Blog2011 (9) TMI 1123X X X X Extracts X X X X X X X X Extracts X X X X ..... e of supplementary invoices cannot be regarded as delayed payment of duty and whether interest on such delayed payment is leviable under the provisions of Section 11AB of the Central Excise Act, 1944 ? 2. This appeal was decided by an earlier bench of this Court on 28th October, 2009 which order was carried before Apex Court by its order dated 6th April, 2011, remanded the proceeding for fresh consideration in light of the decision of the Apex Court in case of Commissioner of Central Excise V/s. International Auto Ltd. reported in (2010) 2 Supreme Court Cases 672. 3. Learned advocate Mr.Gaurang Bhatt had submitted that this issue is also covered by the decision of the the Apex Court in case of International Auto Ltd. (Supra) as well ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d learned counsel for the appellant. No substantial question of law arises for our consideration. The Tribunal held that the question is covered by various judgments referred to in the order passed by the Tribunal. The appeal, therefore, lacks merits and is dismissed. When travelled to the Apex Court, the Apex Court held thus: Now, it is brought to our notice by the learned Additional Solicitor General that this Court in Commissioner of Central Excise Vs. International Auto Ltd. [(2010) 2 SCC 672)] held that it is not possible to subscribe to the view taken by the High Court in Rucha Engineering Pvt. Ltd. case In such view of the matter, in our considered opinion, the matter requires a serious consideration by the High Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould not be exempt from interest chargeable under Section 11AB of the Act. What is stated in Explanation (2) to sub-section 2(B) is reiterated in Section 11AB of the Act, which deals with interest on delayed payment of duty. From the Scheme of Section 11A(2B) and Section 11AB of the Act, it becomes clear that interest is levied for loss of revenue on any count. In the present case, one fact remains undisputed, namely, accrual of price differential. What does differential price signify? It signifies that value, which is the function of the price, on the date of removal/clearance of the goods was not correct. That, it was understated. Therefore, the price indicated by the supplementary invoice is directly relatable to the value of the goods o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see became liable to payment of duty on the date of removal and subsequent reduction in the prices for whatever reason cannot be made a matter of concern to the Department insofar as the liability to pay excise duty was concerned. In the present case, we are concerned with the imposition of interest which, as stated above, is charged to compensate the Department for loss of revenue. Be that as it may, as stated above, the Scheme of Section 11A of the Act has since undergone substantial change and, in thecircumstances, in our view, the judgement of this Court in the case of M.R.F. Limited [supra] has no application to the facts of this case. In our view, the judgement of this Court in the case of SKF India Limited [supra] is squarely applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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