Applicability of penal interest provisions restricted to post-amendment clearances under Central Excise law, narrowing retrospective reach. Whether interest under Section 11AB applies retrospectively was disputed: the Department and Solicitor General treated duty as payable on adjudication so the provision would govern adjudications on or after 28.9.1996; CEGAT rejected this as penal and limited applicability to clearances after 28.9.1996, a view left intact by higher courts. Amendment w.e.f. 11.5.2001 clarifies that the provision applies only where duty became payable or ought to have been paid after 11.5.2001, and that duty can become payable by Board instructions as well as adjudication.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Applicability of penal interest provisions restricted to post-amendment clearances under Central Excise law, narrowing retrospective reach.
Whether interest under Section 11AB applies retrospectively was disputed: the Department and Solicitor General treated duty as payable on adjudication so the provision would govern adjudications on or after 28.9.1996; CEGAT rejected this as penal and limited applicability to clearances after 28.9.1996, a view left intact by higher courts. Amendment w.e.f. 11.5.2001 clarifies that the provision applies only where duty became payable or ought to have been paid after 11.5.2001, and that duty can become payable by Board instructions as well as adjudication.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
Join Channel
TaxTMI 
