2023 (2) TMI 181

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....nd Z.U. Alvi, Rishi Maheshwari, Ms. Anne Mathew, Bharat Sood & Ms. Shruti Jose, Advocates, for the Petitioner. Shri Sanjay Jain, ASG and B. Krishna Prasad, AOR and Ms. B. Sunita Rao, M.K. Maroria, Padmesh Mishra, Madhav Singhal, Anurag & Gunmay Maan, Advocates, for the Respondent. ORDER Heard learned counsel for the parties. 2. The issue involved in the present case is whether the....

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....volved in Steel Authority of India Limited (Supra). 4. By an order dated 27-3-2019, a three Judge Bench of this Court adjourned this case for three months, since the judgment in Steel Authority of India Limited (Supra) had been reserved. 5. The judgment in Steel Authority of India Limited v. Commissioner of Central Excise, Raipur has since been delivered on 8-5-2019. This Court hel....

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....al assessment upon a final determination of the value consequently, the duty and interest dates back to the month "for which" the duty is determined. Duty and interest is not paid with reference to the month in which final assessment is made. In fact, any other interpretation placed on Rule 8 would not only be opposed to the plain meaning of the words used but also defeat the clear object underlin....

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....etract from the fact, that the later discovered price would not be value at the time of removal. Most significantly, Section 11A and section 11AB as it stood at the relevant time did not provide read with the rules any other point of time when the amount of duty could be said to be payable and so equally the interest. We would concur with the views expressed in SKF case(supra) and International Au....