TMI Blog2008 (10) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... d for home consumption would be payable only at the time of clearance for period from expiry of warehousing period and not after expiry of 7 days of return of bill of entry for payment of duty - Commissioner (A) rightly held that no interest would be payable – revenue appeal dismissed - C/430 and 532/2008 - 1159 and 1160/2008 - Dated:- 8-10-2008 - Shri T.K. Jayaraman, Member (T) Shri V.R. G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rief facts are that the appellants imported certain goods which were warehoused. The into-bond bills of entries were filed. The appellants filed the ex-bond bill of entry for clearance of the goods from the warehouse. However, they did not pay the duty immediately after receipt of bills of entries from the department, Consequently, revenue proceeded against the appellants for payment of interest u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... side the original orders and allowed the appeals of the respondents. 4. Revenue is aggrieved over the impugned order of the Commissioner (A). According to the revenue, as the duty was discharged after the expiry of 7 days from the date of return of bill of entry, the respondents would be liable for payment of interest. In fact, they relied on the decision of the Tribunal in the case of Pesti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deleted in 1995. 6. In any case the said Ispat Industries case (supra) clearly holds that interest on warehoused goods cleared for home consumption would be payable only at the time of clearance for period from expiry of warehousing period and not after expiry of 7 days of return of bill of entry for payment of duty. In view of this, in my opinion, the impugned orders are legal and proper. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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