2015 (6) TMI 223

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r (Appeals). 3. The Ld. AR reiterated the findings of the Commissioner (Appeals) and the adjudicating authority. He relied on the following decisions of the Hon'ble Supreme Court in support of his contention. - CCE, Pune Vs. SKF India Ltd. 2009 (239) ELT 385 (S.C) - CCE Vs. International Auto Ltd. 2010 (250) ELT 3 (S.C.) 4. After hearing the Ld. AR and on perusal of the records, I find that the short issue in this case relates to demand of interest against the delayed payment of duty on supplementary invoices. Both the authorities below have brought out in detail and also relied on Hon'ble Supreme Court decision in the case of Commissioner of Trade Tax (UP) Vs. Kanhai Ram Thekedar 2005 (185) E.L.T. 3 (SC) and the Tribunal's ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....1AB of the Act. What is stated in Explanation (2) to sub-section 2(B) is reiterated in Section 11AB of the Act, which deals with interest on delayed payment of duty. From the Scheme of Section 11A(2B) and Section 11AB of the Act, it becomes clear that interest is levied for loss of revenue on any count. In the present case, one fact remains undisputed, namely, accrual of price differential. What does differential price signify? It signifies that value, which is the function of the price, on the date of removal/clearance of the goods was not correct. That, it was understated. Therefore, the price indicated by the supplementary invoice is directly relatable to the value of the goods on the date of clearance, hence, enhanced duty. This enhance....