Levy of Interest on late payment of duty by providing it in subordinate regulations would be deemed as ultra vires if the same not provided by provisions of Act

Brief of the case:

• The Hon’ble Supreme Court in the case of Shree Bhagwati Steel Rolling Mills held that if the charging section of the Act do not provide for levy of interest on late payment of duty then the rules though made thereunder could not be enforced to levy and demand interest as such . And if the rules sought to levy interest without corresponding provision of charging interest in the provision of the Act, such rules are liable to be set aside as being ultra- vires the provisions of the Act.
• Therefore, in the present case since the charging section 3A of the Central Excise Act do not provide levy of interest on delayed payment of duty under compounded levy scheme , the rule 96ZP made under it providing such levy of interest is ultra-vires of the Act and was liable to be set aside.

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