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Guest (Guest)     23 July 2009

section 11A or section 11AB of Central Excise Act, 1944

 Under the scheme of the four sections 11A, 11AA, 11AB, and 11AC – interest is leviable on delayed or deferred payment of duty for whatever reasons; where differential duty was paid by the assessee as soon as it came to learn about the upward revision of prices of goods sold earlier, it was clearly a case of short payment of duty though indeed completely unintended and without any element of deceit, etc.; the payment of differential duty thus clearly came under sub-section (2B) of section 11A and attracted levy of interest under section 11AB - Commissioner of Central Excise v. SKF India Ltd. [Civil Appeal Nos. 5190-5191/2008]



 2 Replies

jayachandran (advocate)     01 August 2009

much water has flown after this

Chirayu Kothi (Practitioner)     24 September 2009

Dear Nirav,

Have u seen the new circular of CBEC on same matter?

the circular allow to recover the duty on differencial price. And the funny thing is that the circular having a note that the SKF India's case is just decision and not judgement.

You read the circular u l enjoy the knowledge of our beruocrates..

 

Cheer..

 

Chirayu


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