RAYALASEEMA CONCRETE SLEEPERS (PVT ) LTD Vs. COMMISSIONER

JUDGEMENT

(1.) This is a tax appeal under Section 35(G) of the Central Excise Act, 1944 (the Act) against the order dated 24-8-2012 [2012 (285) E.L.T. 544 (Tribunal)] passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (the Tribunal) partly dismissing the appeal of M/s. Rayalaseema Concrete Sleepers (Private) Limited (the Assessee) and upholding the penalty under Section 11AC of the Act for short paying the excise duty for the period 26-6-1995 to 31-8-1998. The Facts. The Assessee manufactures concrete sleepers for the Railways. It supplied concrete sleepers to the Railways and paid the duty on the bills raised by it. Under the agreement, there was a clause for the price escalation of the goods mentioned in the bills.

(2.) The Assessee raised bills for escalated price escalation for the concrete sleepers supplied during the relevant period. It also received the escalated price for the concrete sleepers in the year 1999. However, the Assessee neither paid the excise duty at the time of raising the escalated bills nor when the escalated price received by it.

(3.) The Directorate General of Anti-Evasion (DGAE) pointed out the short payment of the excise duty, namely, the duty payable on the escalated bills of the goods amounting to Rs. 13,26,410/-.