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2016 (8) TMI 181 - CESTAT CHENNAI

2016 (8) TMI 181 - CESTAT CHENNAI - TMI - 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 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 196 .....

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Panda, Judicial Member Shri S. Murugappan, 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 allowed extension of warehousing. But learned counsel says that the interest was paid under protest which was otherwise not payable when the clearance was allowed without payment of duty. Appellant relied on .....

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ranted, it became a case of clearance under 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) where any warehoused goods are removed from a warehouse in contravention of section 71; (b) where any warehoused goods have not been removed from a warehouse at the expiration of the period during which such .....

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oods together with all penalties, rent, interest 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 interest. Learned counsel for appellant says that Pratibha Processors (supra) holds the field since the case of the appellant is distinguishable from the facts of the case of SBEC Sugar Ltd. Vs. Union of India - .....

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