Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1944 - r. 173G(1)(e) - Dues of excise duty- Late deposit- Demand of interest - On facts Central Excise Rules non-payment of excise duty on time by assessee- Order by the Revenue suspending the facility of clearing goods of paying the duty every fortnight and direction to the assessee to make the payment of duty on consignment basis for a period of two months |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Central Excise Rules, 1944 - r. 173G(1)(e) - Dues ofexcise duty- Late deposit- Demand of interest - On facts,non-payment of excise duty on time by assessee- Order bythe Revenue suspending the facility of clearing goods ofpaying the duty every fortnight and direction to the assesseeto make the payment of duty on consignment basis for aperiod of two months - Thereafter, assessee while makingpayment of excise duty utilized the Cenvat Credit - Onobjection by the authorities that assessee could not haveutilized the credit from the account, assessee paid the amountin cash -As a result imposition of 24% interest p.a. for thebelated payment - Challenge to - Utilization of CenvatCredit during the said period of two months when facility forpayment of duty fortnightly u/r. 173G was suspended, ifpermissible - Tribunal held that payment of duty by debitingthe Cenvat Credit was not permissible during the said periodof two months, thus, amounted to non-payment of duty andinterest was to be paid till the date duty was actually paidthrough cash - On appeal, held: Even when the facility iswithdrawn for making payment in instalments, the excise dutycan be paid through Cenvat Credit- Thus, the order passedby the tribunal set aside. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 548 |
Petitioner | M/s. Jayaswal Neco Ltd. |
Respondent | Commissioner Of Central Excise, Raipur |
SCR | [2015] 9 S.C.R. 360 |
Judgement Date | 2015-08-06 |
Case Number | 1468 |
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