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2012 (5) TMI 37 - KERALA HIGH COURTLevy and demand of interest under Section 28AB (now Section 28AA) r.w.s 28(2) for belated payment of customs duty for the goods imported through the Cochin Customs – Held that:- Decided in ICI INDIA LIMITED VS. COMMISSIONER OF CUSTOMS PORT (2004 (9) TMI 127 - HIGH COURT AT CALCUTTA) that interest is sustained as assessee also produced forged DEPB credit and the fraud perpetuated in a transaction of this type should automatically lead to demand of duty and interest – the mistake committed by the Customs on not verifying the genuineness of the Telegraphic Release Advice produced on the DEPB credit cannot be encased by the appellant by avoiding statutory interest which is mandatory and payable at the prescribed rate for delay in payment of customs duty – against assessee.
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