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2013 (7) TMI 609 - HC - CustomsImposition of interest – Settlement Commission directed to pay interest under Rule 8 of the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996 (1996 Rules, for short) - assessee contended that no interest can be levied for violation of post importation condition and the liability to duty has no relation to Section 28AB - Held that:- The duty which was actually leviable but for the exemption along with interest at the rate fixed by notification issued u/s 28AB Pre-conditions or the conditions mentioned in Section 28AB do not get incorporated in Rule 8 - Rule 8 applies by its own force and on its own strength. Reference to Section 28AB in Rule 8 is only for the purpose of rate of interest. The rate of interest payable under Rule 8 was/is the rate of interest fixed by the notification issued under Section 28AB. It is to or for this limited extent, reference is made to the notification issued under Section 28AB - Rule 8 does not incorporate Section 28AB - Rule 8 also does not make the pre-conditions mentioned in Section 28AB part and parcel of the said Rule - Levy of interest for short levy of duty is prescribed by Rule 8 itself - Interest is chargeable because of the provisions of Rule 8 and not because of Section 28AB – petition decided against assessee
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