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TMI Blog2023 (4) TMI 603X X X X Extracts X X X X X X X X Extracts X X X X ..... act that it is paid subsequently. Accordingly, interest as far as Section 11AB is concerned would be reckoned from the date on which the duty is payable and not from the date of payment of such duty. Thus, nothing survives in the appeal - appeal filed by appellant dismissed. - Excise Appeal No. 30190 of 2022 - FINAL ORDER No. A/30041/2023 - Dated:- 11-4-2023 - Mr. P. ANJANI KUMAR, MEMBER (TECHNICAL) Shri B. Seetharamaiah, Consultant for the Appellant. Shri A. Rangadham, Authorised Representative for the Respondent. ORDER This appeal is directed against the Order-in-Appeal dated 31.03.2022 passed by Commissioner of Central Tax and Customs (Appeals), Guntur. 2. Brief facts of the case are that the Appellants a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue is decided in favour of the Revenue. 6. Heard both sides and perused the records of the case. 7. The question which requires decision in this matter is whether the Appellants are required to pay interest on the differential duty paid subsequently due to price variation clause or any reason or for that matter if the price is revised for any reason much a later date. I find that Hon ble Apex Court has discussed the issue at length in the case of SAIL Vs Commissioner of Central Excise, Raipur [2019 (366) ELT 769 (SC)] Civil Appeal No. 599/2013. Hon ble Apex Court has upheld the principle that the duty is payable at the time of removal irrespective of the fact that it is paid subsequently. Accordingly, interest as far as Section 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is not a case where escalation is to have only prospective operation. It is to have retrospective operation admittedly. This means the value of the goods which was only admittedly provisional at the time of clearing the goods is finally determined and it is on the said differential value that admittedly that duty is paid. We would think that while the principle that the value of the goods at the time of removal is to reign supreme, in a case where the price is provisional and subject to variation and when it is varied retrospectively it will be the price even at the time of removal. The fact that it is known, later cannot detract from the fact, that the later discovered price would not be value at the time of removal. Most significantly, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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