2017 (3) TMI 453

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.... the principal, Castrol India Ltd. The respondent used to take the cost of raw material on the basis of costing certificate provided by the principal manufacturer. The landed cost of raw material was enhanced twice by the principal manufacturer, which was intimated to the respondent on 23.05.2004 and 19.11.2001 respectively by the principal manufacturer. In terms of fresh costing certificate issued by its Chartered Accountant. As regards the escalation of cost of raw material intimated to the respondent by the principal manufacturer on 23.05.2001 from March 2000 to December 2000, the respondent computed and paid the differential excise duty under intimation letter dated 01.11.2001 to the excise authorities. As regards the escalation in cost....

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....2003 (54) RLT 317. He submits that after these judgments, now there are Supreme Court judgments in the case of Rajasthan Spinning & Weaving Mills Ltd. (2010-285-ELT-481-SC) and Dharmendra Textiles 2008 (231) ELT 3 (SC) according to which the penalty imposed under Section 11AC can neither be reduced nor be waived. As regards the interest as per Section 11AB when there is a delay in payment of excise duty, even if there is no proposal in the show-cause notice or show-cause notice was not issued for demanding interest, interest payment is inevitable and as per the provisions of section 11AB there is no discretion to avoid the payment of interest. In support he placed judgment in Supreme Industries 2014 (303) ELT 513 (Mad.) and Alsthom Instrume....