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Issue ID: 4457
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interest on supplimentary invoices.

Date 01 Aug 2012
Replies 2 Replies
Views 1526 Views
Interest on supplementary invoices: interest is payable when excise or service tax is paid late and credit is disallowed.
When a supplementary invoice increases the taxable value, additional excise duty or service tax must be paid with interest on the belated payment; interest paid on such delayed payments is not eligible for Cenvat credit. (AI Summary)

Dear Sirs, recently we come to understand from audit  party that their is no need to pay interest on supplimentary invoices. Can we get notification / cirular / bill for the same.

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Replied on Aug 2, 2012
1.

Dear Mr Sanjeev,

It appears there is some confusion. If you raise supplimentary invoice to increase price of goods, you will have to pay excise duty alongwith interest. It has been confirmed by the Supreme Court of India in the matter of CCE vs SKF India Ltd  (2009 (7) TMI 6 - SUPREME COURT) = (2009 (239) ELT 385 (SC).

Thanks.

Ramesh

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Replied on Aug 4, 2012
2.

If additional excise duty or service tax is paid later, interest will become payable.  But, CENVAT credit of such interest will not be available.

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