9911796707
TMI Blog2024 (4) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 18-3-2011. The revenue has suggested the following questions of law for consideration. "(a) Whether in the facts and circumstances of the case the Learned Tribunal is right and justified in holding that there were revenue neutrality and if it was, then are the statutory provisions of law to be ignored on that ground ? (b) Whether in the facts and circumstances of the case the Learned Tribunal is right in allowing the appeal of the respondent/assessee and holding that interest is not payable by the assessee on the differential duty paid by them under the supplementary invoices raised?" We have elaborately Heard Learned Advocates on either sides. 2. On a perusal of the impugned order one could easily be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at which the goods were sold to independent buyers are assessed. Therefore, it was contended that no duty was payable by the assessee and the question of payment of interest on such additional duty does not arise. Further, the assessee contended that although they have paid duty upon the insistence of the department, if it is assumed that change in practice of valuation of stock transfer was adopted by the assessee on their own valuation, the assessee cannot be compelled to accept the situation which was legally incorrect. Further it was contended that department cannot compel the assessee to perpetuate the illegality and in such circumstances the whole exercise was revenue neutral. Therefore, the assessee is not liable to pay interest. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urer does not pay voluntarily, it would not be possible for the department to recover it. But if he does it voluntarily despite complete period of limitation, he would further be saddled with interest liability to pay statutory interest and this was not intention of the Legislature while sub-section (2B) was introduced in Section 11A of the Act. Thus we find that the reasoning given by the Learned Tribunal to be fully justified so far as the decision relied on by the Learned Standing Counsel for appellant, we find the same are factually different as in all those cases the undisputed fact being the differential duty was payable which is not the case before us, and cannot be adjudicated to the facts and circumstances to the case on hand. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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