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2018 (4) TMI 169 - AT - CustomsDemand of interest - whether the appellant is required to discharge interest for the period from 13.02.2007 to 23.10.2007 on the duty free imported goods to SEZ on its clearance to DTA on payment of duty of ₹ 3,20,52,673/- as assessed under section 30 of SEZ Act, 2005? Held that: - on clearance/removal of the goods from the SEZ to DTA, the Applicable duties of Customs as levied under the CTA, 1975 are required to be paid and the rate of duty and tariff valuation, if any applicable would be the rate as in force on the date of its removal or payment of duty as the case may be . No where under the said provision there is any mention of the payment of interest on clearance of the goods from SEZ to DTA. Under the SEZ Act and the Rules made thereunder, there is no substantive provision for charging interest. In the event, the bill of entry is returned to the importer after assessment by the proper officer, the duty shall be required to be paid and in the event he fails to pay the duty within the specified period then interest would be leviable on the amount of duty for the delayed period - In the present case, it is not in dispute that the bill of entry was filed on 23.10.2007 and after assessment, within five days, i.e. on 24.10.2007, the duty was paid. Thus, there was no delay in discharging the duty after assessment under Section 47 of the Customs Act, 1962 - interest cannot be levied for the period 13.02.2007 to 23.10.2007. Appeal allowed - decided in favor of appellant.
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