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2015 (11) TMI 206

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....mmissioner (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 aside the order imposing penalty of Rs. 500....

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....sh 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 index if there is variations in price on higher si....

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....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 impugned order and allow the appeal. 4. On the ....

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....sue 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 of the present case. As the supply made to the railways and ....