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2021 (4) TMI 850 - AT - CustomsInterest on differential duty upon finalization of order-in-original - interest shall have to be reckoned only from the date of provisional assessment till the date of payment thereof and not till the date of order or not - Section 18(3) read with Section 28 AA of the Customs Act - HELD THAT:- A reading of sub-section (3) supra makes it clear to me that any such interest could only be charged upto the date of payment and not upto the date of order ie., 07.05.2019. Hence, the impugned charging of interest is not in order. When the statute itself prescribes both the starting point and the ending point, to say that it shall be from the first day of the month in which the duty is provisionally assessed till the date of payment thereof, to read the same as “on the date of order” is beyond the legislative intent. The matter is remanded to the file of the adjudicating authority to verify from the records and charge the interest only upto the date of payment as mandated in Section 18 (3) and not as upto the date of Order-in-Original - Appeal allowed by way of remand.
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