9911796707
TMI Blog2024 (9) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... lant had issued supplementary invoices during the period December 2013 to May 2015, amounting to Rs. 40,51,034/- in respect of supplies of transformer oil made to various parties. These supplementary invoices were issued on account of post clearance variation in the price of oil. On being pointed out by the audit team, the appellant paid an interest amounting to Rs. 55,94,700/- for the same period in respect of supplementary invoices issued by them for such variation of price. Three different show cause notices were issued to the appellant demanding interest on such delayed payments. The appellant paid the said amount of interest under protest the said show cause notices. 2.1. The Learned Counsel pointed out that there after a show cause n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. The order of Commissioner (Appeal) has also goes into aspect of the unjust enrichment holding that the appellant has failed to establish that the burden arising on account the amount of interest so paid has not been passed on. 2.8. The Commissioner (Appeal) has not given any finding in respect of limitation and in respect of the pendency of demands on account of interest liability. 2.9. Learned Counsel for appellant argued that the impugned order has travelled beyond the show cause notice as the issue regarding unjust enrichment was not invoked in the show cause notice. He further submitted that principle of unjust enrichment is not applicable to the present case. He pointed out that the interest paid by the appellant under protest has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the Order-In-Original No. 07/AC/SLV-VII-DEM-1920 dated 28.06.2019 confirming the demand of interest has been settled in SVLDRS Scheme. He argued that in view of the said settlement in the SVLDRS Scheme issue of discharge certificate dated 06.04.2019, the interest has to be refunded. 4. We find that this is a very misleading claim. In the instant case demand was of interest. The matter was settled as entire amount of interest was paid by the appellant. 4.1. In this circumstances the penalty was waived. There was no interest liability on the interest demanded by the revenue. In this circumstances it cannot be said that since discharge certificate under SVLDRS Scheme has been issued, the demand of interest is stand set aside. SVLDRS ..... X X X X Extracts X X X X X X X X Extracts X X X X
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