2017 (1) TMI 416

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....udesai, Supdt. (A.R) for respondent ORDER The fact of the case is that the appellant is discharging excise duty on the value in terms of Rule 8 of the Central Excise Valuation Rules, 2000. As per the said Rule the valuation is done on cost construction method. At the time of clearance of the goods the exact costing is not possible therefore the valuation is supposed to be done on the data of....

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....sion of fact is not involved. As regard the issue of chargeability of interest on the differential duty, she submits that the interest is not payable in the light of the following judgments: (i) Commissioner of Trade Tax, Lucknow Vs. Kanhai Ram Thekedar 2005 (185) E.L.T. 3 (S.C.) (ii) Kwality Ice Cream Company Vs. Union of India 2012 (281) E.L.T. 507 (Del.) (iii) Hindust....

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....nue reiterates the findings of the impugned order. He submits that as regard the interest, limitation does not apply. Even without issuance of show cause notice and adjudication thereof, the assessee is liable to pay the interest, if there is a delay in payment of duty. Therefore interest is correctly payable by the appellant. 4. I have carefully considered the submissions made by both the side....

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....etached from the duty liability, therefore the limitation doesn't apply in case of charging the interest. As regard some relied upon judgments of the Hob'ble High Court giving immunity from payment of interest. I am of the view that this Tribunal being creature under the Customs and Central Excise Act is bound by the said Act and any immunity granted by the higher court is under the inhere....