9911796707
TMI Blog2017 (11) TMI 688X X X X Extracts X X X X X X X X Extracts X X X X ..... e not present in this case and since for this reason only, the Commissioner (Appeals) has set aside the penalty under section 11AC, there would not be any interest liability in this case, as the alleged short payment is in respect of the clearances made prior to 11.05.2001. Time limitation - Held that: - Since the elements for invoking longer limitation period under proviso to Section 11A (1) a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o levy sugar. This quantity of the free sale sugar had been diverted as levy sugar on loan basis. Subsequently, the diversion of the free sale sugar as levy sugar on loan basis during October and November, 1997 was converted by the Central Government into purchase of free sale sugar and the appellant were paid differential amount alongwith the differential duty. The differential duty was paid by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant, pleaded that since the clearances had been made during October and November, 1997 period in respect of which differential duty had been paid on 5/6.11.2001, and since in this case the alleged short payment was not due to any fraud, wilful misstatement, suppression of fact etc. on the part of the assessee, the interest liability under section 11AB would not arise, as during the period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not applicable, in these circumstances the interest demand is time barred. That the limitation period prescribed in Section 11A is applicable for demand of interest also in terms of the judgement of the Hon ble Delhi High Court in the case of Hindustan Insecticides Ltd. Vs. CCE, LTU reported in 2013 (297) ELT 332 (Del.) and that in view of this, impugned order upholding the interest demand un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent in this case and since for this reason only, the Commissioner (Appeals) has set aside the penalty under section 11AC, there would not be any interest liability in this case, as the alleged short payment is in respect of the clearances made prior to 11.05.2001. Moreover, since the elements for invoking longer limitation period under proviso to Section 11A (1) are not there, in any case, the int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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