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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
Case Law Details
- Case Name
- M/s Shree Bhagwati Steel Rolling Mills Vs Commissioner of Central Excise (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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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 ...
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