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    <title>2013 (8) TMI 225 - DELHI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=235930</link>
    <description>The HC held that the period of limitation for recovery of interest on retrospective price revision is governed by Section 11A, which prescribes a one-year limitation period for demand of duty and interest, except in cases involving fraud or concealment where five years apply. Interest under Section 11AB compensates for loss due to late payment of duty on the price differential. The Tribunal erred in applying the extended limitation period under Section 11A to interest demands. Reliance was placed on SC and HC precedents confirming that the limitation for interest follows that of the duty. Since no fraud or concealment was involved, the demand notice issued after four years was barred by limitation. The decision favored the assessee, dismissing the extended limitation claim for recovery of interest.</description>
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    <pubDate>Fri, 02 Aug 2013 00:00:00 +0530</pubDate>
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      <title>2013 (8) TMI 225 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=235930</link>
      <description>The HC held that the period of limitation for recovery of interest on retrospective price revision is governed by Section 11A, which prescribes a one-year limitation period for demand of duty and interest, except in cases involving fraud or concealment where five years apply. Interest under Section 11AB compensates for loss due to late payment of duty on the price differential. The Tribunal erred in applying the extended limitation period under Section 11A to interest demands. Reliance was placed on SC and HC precedents confirming that the limitation for interest follows that of the duty. Since no fraud or concealment was involved, the demand notice issued after four years was barred by limitation. The decision favored the assessee, dismissing the extended limitation claim for recovery of interest.</description>
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      <pubDate>Fri, 02 Aug 2013 00:00:00 +0530</pubDate>
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