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2011 (5) TMI 598 - AT - CustomsDuty on movable gears, bunkers, stores of the imported vessel on breaking - Circular No.37/96-Cus, dt.3.7.96 issued by CBE&C - Time limitation - Held that:- It is an undisputed fact that the provisional assessment was ordered on 26.9.95 prior to 13.7.06, the date on which Section 18(3) came into force in view of this it can be concluded that the interest clause on the amount of differential duty will be applicable only after 13.7.06 Regarding limitation - Held that: Re-assessment arose out of final order dt.29.5.09, allowing the benefit of interest. The benefit of interest cannot be denied as the provisional assessment was prior to the amendment of Section 18 - in favour of assessee.
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