TMI Blog2016 (8) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods in warehouse, appellant got EPCG license. Based on such license clearance was allowed. The adjudicating authority has recorded that the period of storage having been expired under section 61(1) of the Customs Act 1962, extension was granted to it under the proviso thereunder. Once such an extension is granted and the EPCG license was with the appellant at the time of clearance, the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed without payment of duty. Appellant relied on the decision of the Apex Court in the case of Pratibha Processors Vs. Union of India - 1996 (88) ELT 12 (SC), wherein it has been held that interest on warehoused goods is an accessory of the principal and if the principal is not recovered/payable, so is the interest on it. Thus, interest under section 61(2) of the Customs Act, 1962 has no independ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amples without payment of duty; (d) where any goods in respect of which a bond has been executed under section 59 and which have not been cleared for home consumption or exportation are not duly accounted for to the satisfaction of the proper officer. 2. In the above circumstances, the proper officer may demand the full amount of duty chargeable on account of such goods together with all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods entered the warehouse, there was no EPCG license with the appellant. But during storage of the goods in warehouse, appellant got EPCG license. Based on such license clearance was allowed. The adjudicating authority has recorded that the period of storage having been expired under section 61(1) of the Customs Act 1962, extension was granted to it under the proviso thereunder. Once such an exte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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