9911796707
TMI Blog2015 (1) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... he Respondent. ORDER The appellant is a proprietary concern engaged in importing liquor for domestic consumption and sale through Karanataka State Beverages Corporation which regulates sale of liquor in the State of Karnataka. The appellant filed bill of entry No. 10726, dated 27-11-2004 warehousing the goods at M/s. Container Corporation of India Ltd. by executing a double duty bond No. 4638/04 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of relinquishment of the title to the goods under proviso to Section 68 read with Section 72(1) of the Customs Act, 1962 and imposed a penalty of Rs. 10,000/- under proviso to Section 68 read with Section 117 of the Customs Act, 1962. The appeal filed by the appellant against this decision has been rejected and hence the matter is before me today. 2. Heard both sides. The learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty thereon." (emphasis supplied). 2. While it is clear that upon relinquishment of the title of the goods, the importer gains a freedom from liability to pay duty thereon, there appears to be some confusion in the field, whether such freedom also extends to the 'interest accrued on the said duty till the date of such relinquishment'. The confusion appears to have generated from the word ' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... observations of the Hon'ble High Court in Paragraphs 13 & 14 which in my opinion are more appropriate and are applicable to the facts of this case. Taking note of the fact that the observations clearly go against the Department and also taking note of the fact that this was a case wherein appeal filed by the Revenue had been rejected and also in view of the circular issued by the Board itself, I c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
