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2011 (11) TMI 334 - HC - CustomsLevy of interest on duty forgone under notification No.96/93-Cus dated 02.03.1993 - assessee claimed exemption from payment of duty under said notification – failure to produce any documentary evidence showing discharge of export obligation – duty levied with interest - CESTAT rectified the order u/s 129B(2) of the Customs Act, 1962 on an application made by assessee – Revenue contending that the Tribunal has reappreciated the entire material on record – period of limitation – Held that:-Apex Court in the case of Sunitadevi Singhania Hospital Trust Vs. Union Of India (2008 - TMI - 48287 - Supreme Court Of India) have held that limitation of six months prescribed is applicable only if the Tribunal exercise suo-moto power. The said period of limitation is not applicable to application filed by the aggrieved party – Decided against the revenue. In the notification, admittedly it is not mentioned that any interest is payable on the duty foregone during the relevant period. The said error is apparent from the face of the record. Therefore, exercising the power conferred u/s 129B Tribunal have rectified the said error on being pointed by assessee. It is not a case of reappreciation of the facts on record – Decided against the Revenue.
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