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2014 (1) TMI 1071 - BOMBAY HIGH COURTDemand of interest - Provisional assessment of goods - Held that:- interest which is being demanded from the petitioner is not for the period 18 March 1996 to 7 November 1997 i.e. the period for which the goods continued to be provisionally assessed. On 7 November 1997, the adjudication order was passed confirming two demand notices dated 2 May 1997, demanding an amount of ₹ 2,08,103/. The petitioner failed to pay the same within the period of 3 months from the date of the order dated 7 November 1997. In terms of Section 28AA of the said Act as existing at the relevant time an importer (petitioner) was liable to pay interest on the confirmed duty demanded, in case, the duty demanded was not paid within 3 months from the date of order confirming the duty demand under Section 28 of the Act - interest is being demanded by the revenue not for the period when the assessments were provisional but for the period post finalization of the assessment - no reason to interfere with the demand for interest made by the revenue on the petitioner - Decided against assessee.
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