Supreme Court · 2010 INSC 21 · Decided 8 January 2010

Commissioner of Central Excise v. M/S. Internationalauto Limited

Court
Supreme Court of India
Citation
2010 INSC 21 · [2010] 1 S.C.R. 211
Case number
CIVIL APPEAL No. 225/2010
Decided
8 January 2010
Bench
S.H. KAPADIA, AFTAB ALAM (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Central Excise Act Section 11AB

Headnote

Central Excise Act, 1944: A B ss. 11-A,(28), Explanation(2) and 11AB- Differential duty c - Interest on - HELD: From the Scheme of ss.11A(28) and 11 AB, it becomes clear that interest is levied for loss of revenue on any count - Differential price signifies that value, which is the function of the removal/ clearance of the goods was not correct - That it was understated - Therefore, the price indicated by the D supplementary invoice is directly relatab/e to the value of the goods on the date of clearance and, therefore, enhanced duty is payable - This enhanced duty is on the corrected

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