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    <title>2024 (3) TMI 488 - CESTAT KOLKATA</title>
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    <description>Interest was held not payable on alleged differential duty arising from stock transfers of semi-finished goods to a sister unit in a revenue-neutral captive consumption arrangement. The Tribunal reasoned that where the recipient unit could avail CENVAT credit, the duty flow did not create a real revenue loss, and excess duty paid in other periods could not be ignored when determining the net liability. It further held that treating only the short payment, without adjusting excess duty already paid in the same transaction stream, would be inconsistent with Article 265. Authorities on delayed payment after price revision were distinguished. The interest demand was therefore unsustainable and the impugned order was set aside.</description>
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    <pubDate>Fri, 09 Feb 2024 00:00:00 +0530</pubDate>
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      <title>2024 (3) TMI 488 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=450707</link>
      <description>Interest was held not payable on alleged differential duty arising from stock transfers of semi-finished goods to a sister unit in a revenue-neutral captive consumption arrangement. The Tribunal reasoned that where the recipient unit could avail CENVAT credit, the duty flow did not create a real revenue loss, and excess duty paid in other periods could not be ignored when determining the net liability. It further held that treating only the short payment, without adjusting excess duty already paid in the same transaction stream, would be inconsistent with Article 265. Authorities on delayed payment after price revision were distinguished. The interest demand was therefore unsustainable and the impugned order was set aside.</description>
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