Home Case Index All Cases Customs Customs + HC Customs - 2010 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (5) TMI 124 - BOMBAY HIGH COURTRefund of interest deposited under protest - the subject goods were imported in the year 1988-89. The free period of keeping the goods in the warehouse without interest was curtailed to three months after amendment from 13th May, 1983. In the present case, department had allowed 90 days free period and beyond 90 days, interest was levied as per amended provision of section 61(2). The Legislature inserted subsection (2) in section 61 by Act 11 of 1983 which contemplates that where any warehoused goods remain in a warehouse beyond the period of three months, interest @ 18% is payable on the duty on warehoused goods. - held that: It is needless to mention that section 59 only deals with the conditions and contents of the bond and the obligations of the bonder who seeks to warehouse goods. The goods can be warehoused for the period mentioned under section 61(1) and, if the goods are kept in the warehouse beyond that period, the same are liable to attract liability of interest irrespective of the notice of demand demanding interest. – refund not granted – importer’s petition dismissed
|