Custom, Excise & Service Tax Tribunal
Fal Industries Ltd vs Commissioner Of Central Excise, ... on 25 August, 2009
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH AT CHENNAI
Appeal No.E/438/2007
[Arising out of Order-in-Appeal No.27/2007 (M-IV) dated 21.3.2007 passed by the Commissioner of Central Excise (Appeals), Chennai]
For approval and signature:
Honble Ms.JYOTI BALASUNDARAM, Vice-President
1. Whether Press Reporters may be allowed to see the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982? :
2. Whether it should be released under Rule 27 of the
CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not? :
3. Whether the Member wishes to see the fair copy of
the Order? :
4. Whether Order is to be circulated to the Departmental
Authorities? :
Fal Industries Ltd.
Appellants
Versus
Commissioner of Central Excise, Chennai
Respondent
Appearance:
Shri P.C.Anand, Consultant Ms.Indira Sisupal, JDR For the Appellants For the Respondent CORAM:
Honble Ms.Jyoti Balasundaram, Vice-President Date of hearing : 25.8.2009 Date of decision : 25.8.2009 Final Order No.____________ The issue in dispute in the present appeal namely as to whether interest on differential duty is payable when the differential duty is paid on the basis of supplementary invoices issued, stands settled against the assessees by the recent decision of the apex court in the case of CCE Pune Vs SKF India Ltd. [2009-TIOL-82-SC].
2. On hearing both sides, and noting the above decision, I uphold the impugned order and reject the appeal.
3. The submission of the ld.consultant for the appellants since the entire exercise is revenue-neutral as the differential duty paid would be available in the form of credit to its sister unit, assessee cannot be directed to pay interest, is not tenable in the light of the apex courts decision which holds that interest is payable on the differential duty paid on the strength of the supplementary invoices. (Dictated and pronounced in open court) (JYOTI BALASUNDARAM) VICE-PRESIDENT gs 3