2014 (9) TMI 335 - HC - Central Excise

Tribunal Upholds Interest Demand on Differential Duty Payment

M/s. SL Lumax Ltd. Versus The Commissioner of Central Excise

The Tribunal upheld the demand for interest on the payment of differential duty under Section 11AB of the Central Excise Act, following the decision in ... Levy of interest on differential duty due to Revision in price – supplementary invoice - The assessee gave its reply stating that the payment of differential duty was made by it at the time of issuing supplementary invoices to the customers and, therefore, there was no question of charging interest much less any penalty - Held that:- It is to be noted that the assessee was able to demand from its customers the balance of the higher prices by virtue of retrospective revision of the prices. It, therefore, follows that at the time of sale the goods carried a higher value and those were cleared on short payment of duty. The differential duty was paid only later when the assessee issued supplementary invoices to its customers demanding the balance amounts. Seen thus it was clearly a case of short payment of duty though indeed completely unintended and without any element of deceit etc. The payment of differential duty thus clearly came under sub-section (2B) of section 11A and attracted levy of interest under section 11AB of the Act. Following decision of Commissioner of Central Excise, Pune Versus M/s SKF India Ltd. [2009 (7) TMI 6 - SUPREME COURT] - Decided against assessee. Issues:1. Liability to pay interest on differential duty under Section 11AB of the Central Excise Act.2. Applicability of the decision in Commissioner of Central Excise, Pune Vs SKF India Ltd. case.3. Claim of time bar and suppression of fact.Analysis:1. The judgment revolves around the liability to pay interest on the differential duty under Section 11AB of the Central Excise Act. The appellant, engaged in the manufacture of automobile parts, cleared goods at a contracted price but later raised supplementary invoices securing a higher price, resulting in the payment of differential duty. The Deputy Commissioner demanded interest on the differential duty, which was set aside by the Commissioner (Appeals). However, the Tribunal upheld the demand of interest based on the decision in SKF India Ltd. case by the Supreme Court, emphasizing that payment of differential duty constitutes short payment attracting interest under Section 11AB.2. The judgment extensively discusses the applicability of the decision in Commissioner of Central Excise, Pune Vs SKF India Ltd. case to the present scenario. The Supreme Court in SKF India Ltd. case held that the payment of differential duty at a later date amounts to short payment of duty, attracting interest under Section 11AB. The Tribunal, in line with the Supreme Court's decision, upheld the demand for interest while setting aside any penalties. The Court emphasized that the facts of the present case align closely with those in SKF India Ltd. case, where retrospective revision of prices led to the payment of differential duty, warranting interest under the Act.3. The judgment addresses the appellant's claim of time bar and suppression of fact in comparison to SKF India Ltd. case. The appellant argued that the facts in SKF India Ltd. case were distinct and not applicable to the present case. However, the Court found that the facts were indeed similar, as both cases involved the revision of prices with retrospective effect, leading to the payment of differential duty and subsequent demand for interest. The Court dismissed the appellant's plea, stating that no substantial questions of law arose for consideration, and upheld the Tribunal's decision, ultimately dismissing the appeal with no order as to costs.