Supreme Court: IBC Mechanism Cannot Replace Decree Execution or Recovery Proceedings  ||  SC Orders Closure of School Over Loan Default, Directs Police-Assisted Takeover under SARFAESI Act  ||  MP HC: HC Lacks Jurisdiction to Appoint an Arbitrator in International Commercial Disputes  ||  Allahabad HC Imposes Rs 15L Costs on Husband For Filing False Affidavits in Maintenance Proceedings  ||  MP HC Directs ASI to Upload Bhojshala–Kamal Maula Survey Video on Secure Platform For Litigant  ||  Bombay HC: Public Gathering Does Not Justify Handcuffing, Awarded ?50,000 Compensation  ||  Madras HC: Woman’s Dignity Linked to Right to Shelter; Orders Restoration of Demolished Home  ||  SC: Absence of Independent Witnesses is Not Fatal if Injured Eyewitness Testimony is Sterling  ||  Supreme Court: Prosthetic Limb Costs Must Be Compensated To Restore Victims’ Dignity  ||  Supreme Court: Probate Can be Revoked For Non-Impleadment of Parties and Suppression of Facts    

Kec International Ltd. Vs. C.C.E. Jaipur I - (Customs, Excise and Service Tax Appellate Tribunal) (15 Mar 2022)

Benefit of extended period of limitation is not available to Revenue when there being no element of fraud, mis-statement or contumacious conduct

MANU/CE/0090/2022

Excise

The brief facts are that the Appellants are registered with the Central Excise Department and engaged in the manufacture 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, upon finalisation of the price between parties.

During the course of audit, it was observed that the Appellant had issued supplementary invoices on the price variation finalisation, in respect of the clearances made in the previous months. Thereafter, the Appellant had paid the differential excise duty including cess against the price variation bills regularised for the goods cleared in the past on payment of duty. The Revenue issued show cause notices. As the Appellants had not paid the amount of interest for the period from the date of original invoice till the date of payment of differential duty, upon raising of the price variation bills/ supplementary invoices, show cause notice was issued demanding amount of interest and further penalty was also proposed.

Show cause notice was adjudicated on contest by the learned Commissioner, who confirmed the proposed demand of interest and also penalty of Rs.5,000 under Rule 27 of the Central Excise Rules, 2002. Being aggrieved, the appellant is before this Tribunal.

The benefit of extended period of limitation is not available to Revenue in the present matters, there being no element of fraud, mis-statement or contumacious conduct on the part of the Appellant. Thus, the demand of interest is hit by limitation. Accordingly, the impugned orders are set aside. Appeals allowed.

Tags : DEMAND   PENALTY   LEGALITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved