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2013 (2) TMI 199 - BOMBAY HIGH COURTDirection to pay interest u/s 28 AB on the full amount of the duty by Settlement Commission - Held that:- Under section 127B, the jurisdiction of the Settlement Commission can be invoked only after the applicant has filed a bill of entry or a shipping bill in support of the import or the export goods, as the case may be, and where in relation to such bill of entry a show cause notice is issued by the appropriate officer. Admittedly, the application filed by the Petitioner to the Settlement Commission was after the amended provisions of Section 127H were brought into force with effect from 1 July 2007. The Settlement Commission has no jurisdiction to grant an immunity or a waiver from the statutory liability to pay interest. The liability to pay interest on delayed payment of duty under section 28AB is mandatory where any duty has not been levied or paid or has been short levied or short paid or erroneously refunded - no merit in the petition and the order of the Settlement Commission does not suffer from any error - against assessee.
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