TaxTMI 
TaxTMI 
2006 (6) TMI 440
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....spondent. [Order per : P.G. Chacko, Member (J)]. - The appeals are against demand of interest by the lower authorities on duty determined upon finalisation of provisional assessment in respect of imports made by the appellants. The item imported is copper concentrate, which, by its very nature, called for provisional assessment. To be precise, the item contains Gold and Silver along with Copper....
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.... be invoked in cases where the provisional assessments were made prior to 13-7-06, the date on which the provision was enacted. In support of this case of the assessee, the Id. Counsel submits that there is a circular of the CBEC clarifying similar Central Excise provision viz. Rule 7(4) of the Central Excise (No. 2) Rules, 2001. Clarifying the Central Excise provision, the Board, in a letter F.No....
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....r of the Board in clarification of the Customs provision. Therefore, the Board's Circular clarifying the Central Excise provision would legitimately govern cases of this nature. Accordingly we are of the prima facie view that, where a provisional assessment on a Bill of Entry was made prior to 13-7-06 and it was finalized after that date, sub-section 3 of Section 18 of the Customs Act cannot be in....