TMI Blog2014 (2) TMI 777X X X X Extracts X X X X X X X X Extracts X X X X ..... ous petroleum products and transferring the stock of the same to their various depots without payment of duty under bond. Duty on account of transit losses which are in excess of condonable limit of 1% has been confirmed against the appellant which is not in dispute. The only dispute is that whether the appellants are required to pay interest on this delayed payment of duty or not. 2. Heard both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nother warehouse without payment of duty. (2) The facility under sub-Rule (1) shall be available subject to such conditions, including penalty and interest, limitations, including limitation with respect to the period for which the goods may remain in the warehouse, and safeguards and procedure, including in the matters relating to dispatch, movement, receipt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p; "3. Failure to receive a warehousing certificate : (a).................... (b) If the Superintendent-in-charge of the consignor of the excisable goods does not receive the original warehousing certificate, duty endorsed by the consignee and countersigned by the Super ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terest cannot be confirmed against them in terms of Section 11AB. The said Rule is a complete code in itself and provides facility for warehousing, subject to the condition including interest, specified by the Board. Inasmuch as the Board has only specified the recovery of duty of excise, no interest can be demanded from them. 4. Therefore, following the precedent decision of this Tribunal, I set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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