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2013 (12) TMI 1247 - DELHI HIGH COURTUtilization of advance license - Whether the petitioner proprietorship of U.K. Paint (India) Limited can utilise advance licences in respect of goods imported earlier - Held that:- advance licences could be issued subsequently, even after the goods had been imported or arrived. The only stipulation was that the goods should not have been cleared. It is not the case of the Revenue that the goods had been cleared. The Advance license in terms of paragraph 65 of the policy could have been used for clearing the goods in question. Section 72 does not relate to clearance of goods but refers to the term “removal of goods” and the duty payable on deemed removal. The case of the Revenue/respondents is that the duty had to be paid and was calculated in terms of Section 72(1) on the date the period of warehousing came to an end, i.e., on 27th January, 1996. Whether the petitioner is liable to pay interest under Section 61(2) of the Customs Act, 1962 - Held that:- as the petitioner has already paid custom duty in terms of the interim order, we do not think it will be appropriate to ask petitioner to furnish advance/duty free licences with DEEC book at this stage. This may also not be in the interest of the respondents as they will have to refund duty paid, with interest. Accordingly, it is directed that customs duty paid by the petitioner in terms of the interim order dated 25th February, 1999 will be treated as final and binding and “no interest for delayed payment will be recoverable” - Decided in favour of assessee.
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