ArticleGST Article

Calcutta HC upholds CESTAT’s decision of setting aside of demand of interest on revenue-neutral

The Hon’ble Calcutta High Court in the case of Commissioner of Central Excise, Bolpur Commissionerate v. M/s Steel Authority of India Limited held that no substantial question of law arises from the Tribunal’s order which, on finding the situation revenue-neutral, set aside demand of interest  and consequently declined to interfere with the Tribunal’s decision.

ArticleGST Article

Supreme Court Admits Revenue’s Appeal on Revenue Neutrality in Inter-Unit Excise Valuation Dispute

The Hon’ble Supreme Court in the case of Commissioner of Central Excise & Service Tax held that Revenue’s appeal against CESTAT Kolkata’s finding of revenue neutrality in Steel Authority of India Limited’s (“SAIL”) inter-unit transfer of refractory materials was admitted, condoning delay and keeping the question of law open, as the Tribunal had set aside excise duty demands holding the transaction to be revenue-neutral.

GST ArticlePre-GST

No liability to pay interest in a revenue-neutral situation

The CESTAT, Kolkata in M/s Jai Balaji Industries Limited v. Commissioner of Central Excise, Bolpur set aside the order confirming interest on differential duty and held that where the differential duty paid by the assessee is available as CENVAT credit to the Assessee’s sister concern then it is a revenue-neutral situation. Thus, as duty was not actually payable, the payment of interest does not arise in the case of revenue neutral situation.