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M/s. Arcelor Mittal Dhamm Processing Pvt. Ltd. Versus Commissioner of Customs, Chennai-V

2016 (8) TMI 181 - CESTAT CHENNAI

Demand of interest - extension of warehousing period after the expiry - Held that:- The present case of the appellant is that when the goods entered the warehouse, there was no EPCG license with the appellant. But during storage of the goods in wareh .....

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roviso thereunder. Once such an extension is granted and the EPCG license was with the appellant at the time of clearance, the case clearly falls within the purview of section 68 of the Customs Act, 1962. This distinguishes the case from the purview .....

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, Advocate for the Appellant Shri B. Balamurugan, AC (AR) for the Respondent ORDER Both sides agree that the goods were allowed to be cleared availing exemption. This is patent from page 7 of the order of the adjudicating Commissioner. That authority .....

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e 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 u .....

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r section 68 of the Customs Act, 1962. Section 72 applies where there is no extension of warehousing and goods are cleared in that circumstance. The said section covers four circumstances to hold the clearance made under that section. These are:- (a) .....

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emain in a warehouse; (c) where any warehoused goods have been taken under section 64 as samples 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 consu .....

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terest and other charges payable in respect of such goods, and the owner of such goods shall forthwith pay the same. 3. In the circumstances of application of section 72, there shall be levy of the duty and the duty so leviable is also subject to int .....

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. 4. Revenue submitted that even if clearance is allowed granting exemption that is also a case of section 72 since appellant was not granted EPCG license earlier. 5. Heard both sides and perused the records. 6. The present case of the appellant is t .....

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