Case Law Details
Ambe Wire Private Limited Vs Union of India 2 Ors. (Gauhati High Court)
The case of Ambe Wire Private Limited vs. Union of India & Ors. before the Gauhati High Court revolves around the issue of whether interest and penalty can be levied for the late payment of duty on goods exempted from payment of duty.
The petitioner had filed a refund claim for central excise duty paid on goods exempted under a notification dated 25.04.2007. Although the refund claim was sanctioned, interest and penalty were appropriated and recovered from the sanctioned amount due to late payment of duty for the months in question.
The crux of the matter lies in the interpretation of the notification. The court observed that the notification only provided for the manner of claiming the exemption and did not mandate a specific deadline for the payment of duty. It stated that duty was only payable for the purpose of verification, and once verified, it had to be refunded to the eligible industrial unit. Therefore, no obligation was placed on the industrial unit to pay duty within a specific timeframe.
The court further emphasized that the provisions of the Central Excise Act, 1944, regarding the payment of duty, are applicable only to goods subject to excise duty. Since the goods in question were exempted from duty, the provisions of the Act regarding duty payment did not apply.
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