https://www.taxtmi.com/caselaws?id=343008 Differential duty on inputs cleared as such to a sister concern was held to be unsustainable because reversal of the credit taken on those inputs was sufficient and reassessment under Section 4 was not warranted. As no duty was legally payable in the first instance, the consequential interest and equal penalty could not survive. The transaction was also treated as revenue neutral, since any duty paid by the assessee would have been available as credit to the sister concern. The doctrine of election was held inapplicable, allowing the assessee to contest interest and penalty even after paying duty under departmental objection. en-us Thu, 16 Mar 2017 00:00:00 +0530 Wed, 07 Feb 2018 13:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=343008 Differential duty on inputs cleared as such to a sister concern was held to be unsustainable because reversal of the credit taken on those inputs was sufficient and reassessment under Section 4 was not warranted. As no duty was legally payable in the first instance, the consequential interest and equal penalty could not survive. The transaction was also treated as revenue neutral, since any duty paid by the assessee would have been available as credit to the sister concern. The doctrine of election was held inapplicable, allowing the assessee to contest interest and penalty even after paying duty under departmental objection. Case-Laws Central Excise Thu, 16 Mar 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=343008