TMI Blog2017 (10) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... ‘interest’ appearing in the judgment of Hon’ble Apex Court in the case of Kesoram Rayon [1996 (8) TMI 109 - SUPREME COURT OF INDIA], however The term ‘interest’ in the said decision does not relate to the interest on duty but on the other charges. This is so as when the demand itself has been set aside there cannot be recovery of interest. In view of above, there is an apparent error in the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 12 Technologies Software Pvt. Ltd. - 2007 (217) ELT 176 (Kar.), the demand of duty was set aside. However in para 5.3 of the said order demand of interest was upheld relying on the decision of Hon ble Apex Court judgment in the case of Kesoram Rayon Vs. Commissioner of Customs, Calcutta - 1996 (86) ELT 464 (S.C.). Ld. Counsel pointed out that the said reliance was misplaced as the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the importer gains a freedom from liability to pay duty thereon, there appears to be some confusion in the field, whether such freedom also extends to the interest accrued on the said duty till the date of such relinquishment . The confusion appears to have generated from the word interest appearing in the text of the proviso. 3. In this regard it is clarified that the word interest appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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