2022 (3) TMI 692

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....of galvanised towers and structures, which are dutiable. The appellants supplied their goods, which are subject to Price Escalation Clause, as per purchase agreement and deposited the differential excise duty, if any, upon finalisation of the price between parties. The issue is the same in all the three appeals and the details are as under:- S.No Appeal No. SCN dated Interest under Section 11AB PV duty paid between 1. E/742/2008- EX(SM) 30.08.2007 Rs. 5,75,185/- April, 2005 to March, 2006 2. E/2584/2010- EX(SM) 03.03.2009 Rs. 17,13,190/- April, 2007 to Jan.2008 3. E/2585/2010- EX(SM) 22.05.2008 Rs. 15,61,196/- Dec.,2006 3. During the course of audit, it was observed that the appellant had issued supp....

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....the levy of interest on the ground of limitation, urging that for want of condition precedent, the extended period of limitation is not available to Revenue. Admittedly, in the facts of the present case, the transaction is duly recorded in the books of accounts maintained in the ordinary course of business and proper vouchers have been maintained. Further, the appellant have been filing regular returns and paying the admitted taxes. Thus, the invocation of extended period of limitation is bad as there is no element of fraud, mis-statement or contumacious conduct on the part of the appellant. 8. The appellant further relies on the ruling of the Hon'ble Delhi High Court in the case of Hindustan Insecticides Ltd. - 2013 (297) ELT 332, wherein....