2014 (7) TMI 1116 - AT - Central Excise

Appellants not liable for interest on differential duty without interest.

The Tribunal ruled in favor of the appellants, holding that they are not liable to pay interest on the previously paid differential duty without interest. ... Demand of differential duty - Demand of interest - Held that:- The SLP filed by the Revenue and the review application filed thereafter have been dismissed. Therefore he submits that in view of the fact that the revision of price in both the cases namely in the BHEL case [2010 (4) TMI 439 - KARNATAKA HIGH COURT ] and in the appellant's case arose because of the sum received, the decision in the case of BHEL is required to be followed by the Tribunal. - As regards Presscom Products decision [2011 (3) TMI 726 - KARNATAKA HIGH COURT ], the learned counsel submitted that the same was rendered before the SLP filed by the Revenue in BHEL decision was dismissed. As regards the decision of the Hon'ble Supreme Court in the case of International Auto Ltd., I find that the facts are not similar and in view of the fact that in the case of BHEL and the appellant's case facts are identical, it would be more appropriate to follow the decision in the case of BHEL - Decided in favour of assessee. Issues: Liability to pay interest on differential duty paid without interestAnalysis:The case involves the issue of whether interest is payable on the differential duty paid without interest during a specific period. The appellants, engaged in manufacturing transformers, paid duty on the differential value of goods but did not pay interest on the differential duty paid. The dispute arose regarding the liability to pay interest amounting to Rs. 81,399 during the period of 01.12.2005 to 31.03.2006.Judicial Precedents and Arguments:The appellant's counsel relied on a judgment by the Hon'ble High Court of Karnataka in the case of Commr. Vs. BHEL, where it was held that the appellant is not liable to pay interest in similar circumstances. The High Court distinguished the facts of the present case from the decision in the case of Commissioner of Central Excise, Pune V. SKF India Ltd., emphasizing that the appellant had paid duty on the differential price. The Supreme Court dismissed the Special Leave Petition (SLP) filed by the Revenue, reinforcing the applicability of the BHEL judgment.Counter-Arguments and Precedents:The learned AR opposed this submission, citing decisions in other cases like CCE Vs. International Auto Ltd. and CCE, Bangalore-III Vs. Presscom Products to argue against following the BHEL decision. However, the Tribunal found that the facts in the BHEL case and the appellant's case were identical, making it more appropriate to follow the BHEL judgment.Conclusion:After considering the arguments and judicial precedents, the Tribunal allowed the appeal, ruling in favor of the appellants and holding that they are not liable to pay interest on the differential duty paid without interest. The decision was based on the similarity of facts between the BHEL case and the present case, emphasizing the applicability of the BHEL judgment in determining the liability for interest on the differential duty paid.