TMI Blog2007 (12) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... the said date – Section 18(3) for levying interest cannot be given retrospective effect prior to date of its insertion i.e. 13-7-06 – interest not leviable u/r 18(3) as provisional assessment was made before its insertion - C/178-184/2007 and C/194/2007 - 1522-1529/2007 - Dated:- 26-12-2007 - S/Shri P.G. Chacko, Member (J) and P. Karthikeyan, Member (T) [Order per: P.C. Chacko, Member (J)] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... month in which the relevant Bill of Entry was provisionally assessed till the date of payment of differential duty Such orders of the original authority for various periods were taken in appeal to the Commissioner (Appeals), but the appellate authority upheld the decision of the lower authority. Hence these appeals of the assessee. 2. After considering the grounds of these appeals, arguments o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est on any differential amount of duty paid on finalization of provisional assessment is Section 18(3) of the Act. This is a substantive provision of law, which, in the absence of express mention of retrospective effect, cannot be given retrospective operation so as to cover the provisional assessments made prior to 13-7-2006. In this context, it will be Apposite to refer to the Hon'ble Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21-6-2001, which laid down that interest could be charged under Rule 7(4) of the Central Excise (No. 2) Rules, 2001 only in those cases where the provisional assessment was resorted to on or after 1-7-2001, the date on which the provision came into force. The Board, further, clarified that there could be no such levy of interest in cases where the pro visional assessment was made prior to 1-7-200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de prior to 13-7-2006 cannot be upheld. Any levy incidental to finalisation of a provisional event will be governed by the law which was in force at the time of the provisional event. this basis, we hold that no interest can be levied under Section 18(3) of the Customs Act on the differential amounts of duty paid by the appellants upon finalisation of the provisional assessments which were made pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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