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2014 (2) TMI 1171 - AT - CustomsRe-import of goods - Goods cleared under Notification No. 158/95-Cus., dated 14-11-1995 - Though the appellant re-exported the goods after one year, the appellant had not paid any customs duty - Customs duty was realized by the customs authorities in the year 2008 by partially encashing the bank guarantee and partially recovering in cash - Demand of interest from the date of re-import of goods till the date of payment of duty - Held that:- Admitted facts are that the appellant made re-import of goods and availed the benefit of Notification 158/95-Cus. As per the requirement of the Notification, the goods were to be re-exported within six months. The appellant had not re-exported the goods within six months nor asked for extension of time. Admittedly the goods were re-exported after one year and even after one year the appellant had not paid duty. Ultimately the duty was paid in the year 2008 though the goods were re-exported in the year 2005. For three years the appellant retained the amount of customs duty without any legal authority. The Hon’ble Supreme Court in the case of Kanhai Ram Thekedar [2005 (4) TMI 75 - SUPREME COURT OF INDIA] held that accrual of statutory interest is automatic and separate notice of demand is not required to be served in that respect. In the present case, as the appellant had retained the amount of customs duty without any legal authority of law, therefore we find no infirmity in the impugned order. - Decided against assessee.
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