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2016 (8) TMI 139 - AT - CustomsRefund of interest paid - Additional Customs Duty (CVD) and interest paid under protest for ex-bonding of their imported capital goods, warehoused in their Customs Private Bonded Warehouse. - he subject refund claim were filed on the ground that when the goods were imported and in-bonded, they were not having EPCG Scheme licence and by the time the EPCG licence allowing full duty exemption to the said in-bonded goods was issued, the initial warehousing period under Section 61 of Customs Act, 1962, was expired and they could not avail the full exemption under EPCG license as the ex-bond clearance was held up for want of extension of warehousing period by the proper authority. Held that:- In the peculiar facts of this case, even though the licensing period was expired nothing prevented the appellant to pay the duty and clear the goods, if they are really very serious to avoid the payment of interest. It is also the fact that the appellant avoided the payment of Customs duty till the clearance of the goods, therefore the interest chargeable to the warehouse goods after expiry of one year is inevitable. Therefore the interest paid by the appellant under any circumstances is not refundable. - Decided against the assessee.
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