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2013 (3) TMI 432 - HC - CustomsInterest on the differential duty for the period prior to amendment - Section 18(3) was inserted by way of Taxation Laws (Amendment) Act, 2006 - Retrospective or prospective - Provisional assessment - Final assessment - Section 28-AB of the Customs Act, 1962 - Held that:- This case of the Revenue is not acceptable inasmuch as the charging provision for interest on any differential amount of duty paid on finalization of provisional assessment is Section 18(3) of the Act. This is a substantive provision of law, which, in the absence of express mention of retrospective effect, cannot be given retrospective operation so as to cover the provisional assessment made prior to 13.07.2006. It is not possible to agree with the contention of revenue that such amendment has to be understood as clarificatory in nature. This is more so, when one reads the amendments made in 1998 and the amendment made in Rule 9B of the Central Excise Rules in 1999 considering the pronouncement of the Apex Court as to the distinction between making of a refund and claiming of a refund; the amendment cannot be considered to be retrospective in nature; and cannot be made applicable to pending proceedings. - Decided against the revenue.
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