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2009 (5) TMI 690

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..... ustoms Act, 1962. Therefore the provisions of Sections 18(3) of the Customs Act, 1962 are not applicable in the present case - demand of interest not sustainable - appeal allowed - decided in favor of appellant. - C/223/2009-Mum - A/214/2009-WZB/C-IV/(SMB) - Dated:- 26-5-2009 - Shri Ashok Jindal, J. REPRESENTED BY : S/Shri V. Rama Rao with Vijay Rode, Advocates, for the Appellant. Shri .....

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..... o pay interest on any amount payable to the Government consequent to the final assessment order under Sub-Sec. (2) at the rate fixed by the Central Govt. under Section 28-AB from the first day of the month in which the duty is provisionally assessed till the date of payment thereof. 4. In this case the duty assessment was done for the period 31-1-1997 to 25-6-2004 and the duty was paid on 28-3- .....

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..... 2006, interest could not be levied by invoking Section 18(3) ibid, for assessment finalized after that date. 7. I have gone through the provisions of law and above cited case. I find that the period involved is prior to 13-7-2006, the date on which the Sub-Section (3) was inserted in Section 18 of the Customs Act, 1962. Therefore the provisions of Sections 18(3) of the Customs Act, 1962 are not .....

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