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2015 (11) TMI 444 - AT - CustomsRelinquishment of title to the goods under Section 68 - the demand of duty in respect of time expired warehoused goods - Penalty u/s 117 - Held that:- Apex Court certainly decided in the case [1996 (8) TMI 109 - SUPREME COURT OF INDIA] that the “Goods which are not removed from a warehouse within the permissible period are treated as goods improperly removed from the warehouse. Such improper removal takes place when the goods remain in the warehouse beyond the permitted period or its permitted extension. The importer of the goods may be called upon to pay Customs duty on them and, necessarily, it would be payable at the rate applicable on the date of their deemed removal from the warehouse, that is, the date on which the permitted period or its permitted extension came to an end” . - first proviso to Section 68, which allowed relinquishment, was introduced on 14.5.2003, that is well after the expiry of warehousing periods in respect of all Bonds in the present case. plea that interest and penalty have been wrongly demanded under Section 47 and 117 is unacceptable. Mere quoting of another Section in the show cause notice when the appropriate Section has also been quoted does not make the confirmation of interest and penalty illegal. - Decided against assessee.
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