2024 (4) TMI 1255

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.... Appeal No. 552 of 2011 arising out of order in Original No. 19, dated 18-3-2011. The revenue has suggested the following questions of law for consideration. "(a)  Whether in the facts and circumstances of the case the Learned Tribunal is right and justified in holding that there were revenue neutrality and if it was, then are the statutory provisions of law to be ignored on that ground ? (b)     Whether in the facts and circumstances of the case the Learned Tribunal is right in allowing the appeal of the respondent/assessee and holding that interest is not payable by the assessee on the differential duty paid by them under the supplementary invoices raised?" We have elaborately Heard Learned Ad....

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....sfer to their sister concern for captive consumption could be as such at the same value at which the goods were sold to independent buyers are assessed. Therefore, it was contended that no duty was payable by the assessee and the question of payment of interest on such additional duty does not arise. Further, the assessee contended that although they have paid duty upon the insistence of the department, if it is assumed that change in practice of valuation of stock transfer was adopted by the assessee on their own valuation, the assessee cannot be compelled to accept the situation which was legally incorrect. Further it was contended that department cannot compel the assessee to perpetuate the illegality and in such circumstances the whole ....