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2016 (11) TMI 556 - HC - CustomsWaiver of interest, in terms of Section 61(2) of the Customs Act, 1962 - goods warehoused to public bonded warehouse - auction of goods - Held that: - if the goods had not been auctioned, the petitioner would have had the benefit of the goods and the amount already paid by them would come to nearly 50% of the duty demanded. By making payment of the remaining amount, they could have retained the goods. Today, the payments made by them to the tune of about ₹ 75.00 lakhs, is in addition to the goods that they have lost. Therefore, if this is not a case, which will fall under the parameters of the first proviso to Section 61(2), we do not know which other case would fall. Therefore, the Writ Petition is allowed and the impugned demand is set aside. However, it is made clear that the petitioner will not be entitled to refund of the amounts already paid by them - petition dismissed - decided against petitioner.
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