2015 (11) TMI 206

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ondent : Shri V.K. Shastri, Asstt. Commissioner (A.R.) ORDER Per : Ramesh Nair These two appeals are directed against Order-in-Appeal No. PIII/RS/115-116/2011 dtd. 27/5/2011 passed by the Commissioner (Appeals-III), Central Excise, Pune-I, wherein Ld. Commissioner upholding the order-in-original to the extent to confirmation of interest under Section 11AB of Central Excise Act, 1944, set ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he time of removal of goods. When the RBI publish price index periodically from time to time, therefore subsequent to the supply only, price can be known as and when RBI publish price index and therefore price of the goods cannot be finally fixed at the time of clearance of the goods, for this very reason escalation and de-escalation clause was provided in the contract. On publication of price ind....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mmr. of C. Ex., Bangalore-III Vs. Bharat Heavy Electricals Ltd.[2010(257) ELT 369 (Kar)] which has been upheld by the Honble Supreme Court by dismissing the Revenues SLP No. CC-17917/2010 as reported in [2015 (318) E.L.T. A155 (S.C.)] therefore the issue under particular fact regarding the demand of interest on the supplementary invoices has been settled finally. He prays for setting aside the i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... sides and perused the records. 6. I find that on the issue of demand of interest on delayed payment of duty by way of supplementary invoices. The various judgments have been passed by various Honble High Court and also by Hon'ble Supreme Court. On careful reading of these judgments, I find that in case of Bharat Heavy Electricals Ltd. (supra), the facts are absolutely identical to the facts o....