2019 (7) TMI 1777

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....R. ANIL CHOUDHARY, MEMBER (JUDICIAL) Shri Abhishek Jaju, Advocate for the appellant Shri K. Poddar & Ms. Tamanna Alam, Authorised Representatives for the respondent ORDER The issue involved in both these appeals is whether in the event of upward price revision, post removal of goods, whether the appellant-assessee is liable to pay interest under Section 11AB of the Central Excise Act f....

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....following questions for fresh decision: "7. In our view, the following questions will fall to be decided by us: 1) Whether the decision in SKF case and also in International Auto lay down the correct law having regard to the decision of this Court in MRF case which was in fact rendered by a Bench of three Judges. 2) The effect of the judgment in J.K. Synthetics vs. State....

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....uestions in para 63 of the judgment as follows: "63. We are of the view that the reasoning of this Court in the order referring the cases to us (to this Bench) that for the purpose of Section 11AB, the expression "ought to have been paid" would mean the time when the price was agreed upon by the seller and the buyer does not square with our understanding of the clear words used in Section....

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.... also defeat the clear object underlining the provisions. It may be true that the differential duty becomes crystalised only after the escalation is finalised under the escalation clause but it is not a case where escalation is to have only prospective operation. It is to have retrospective operation admittedly. This means the value of the goods which was only admittedly provisional at the time of....