TMI Blog2007 (11) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... - C/129-131/2007/MAS] - 1332-1334/2007 & Mo. 778-780/2007 - Dated:- 2-11-2007 - Shri P. Karthikeyan, Member (T) [Order per] These three appeals are filed with delay of 21 days in each case. In the COD application, accompanying each appeal, it is submitted that the Counsel for the appellants had dictated the appeal to his Secretary Mrs. S.V. Kalpagam in January '07. Mrs. Kalpagam passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utilising DEPB scrip. As the goods had remained in the warehouse for more than 90 days, in terms of Section 61 (2) (ii) of the Customs Act (the Act) the appellants were held liable to pay interest on the duty discharged using DEPB scrips for the delay in excess of 90 days. Accordingly the appellants paid interest amounts as mentioned below: (1) M/s. Tarajyot Polymers Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) ibid interest paid by the appellants was in accordance with law and therefore the impugned orders sustaining rejection of refund claims for the interest paid were passed in time with the law. 4. Heard both sides. 5. I find that the impugned amount is interest due in terms of Section 61 (2)(ii) of the Act. The said provision reads as follows:- "[(2) Where any warehoused goods - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods from payment of basic customs duty and additional duty of customs etc. As there was no liability to duty on the goods cleared from the warehouse in terms of Section 61 (2)(ii) there cannot be a demand of interest for the clearances from the appellants. The appellants are therefore eligible for refund of the interest they had paid. The appellants shall also be entitled to interest in terms ..... X X X X Extracts X X X X X X X X Extracts X X X X
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