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TMI Blog2019 (9) TMI 1166X X X X Extracts X X X X X X X X Extracts X X X X ..... ving heard the counsels for both the sides and looking to the facts and circumstances of the case, it appears that the petitioner had imported nylon/ polyester fabrics with PVC backing. Thereafter, it was found out by the respondents that there was a mis-declaration of the value of the goods in question. The respondents were also of the opinion that there was a duty evasion of Rs. 76,75,963/-. Later on, search was also carried out at the premises of the petitioner. Incriminating documents were seized against several bills of entry. The import was carried out during various periods between April, 1996 to February, 1998. In pursuance of this aspect of the matter, show cause notice was issued and ultimately it was adjudicated upon by the CESTA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . We are not accepting this contention mainly for the following reasons: (a) The amount at Rs. 28,76,578/- was paid on three different dates i.e. on 11.03.1998 (Rs. 10,00,000/-), on 12.05.1998 (Rs. 14,76,578/-) and on 13.05.1998 (Rs. 4,00,000/-). Thus, on three different dates the amount was paid by the petitioner to the respondents. Hence, it cannot be said that it was involuntarily deposited by the petitioner. Coercion cannot be said to have been continued from 11.03.1998 till 13.05.1998. No proof of this coercion or undue influence or compulsion has ever been given by the petitioner. (b) It also appears from the order of the CESTAT that the amount which was deposited by the petitioner was a voluntary payment. (c) It is well settled l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner by the respondents within a period of three months the interest shall be payable. The said period comes to an end on 21.02.2003. As the amount at Rs. 28,76,578/- was not paid on 21.02.2003 by the respondents, the payment of interest starts till the actual date of payment. The amount was refunded by the respondents on 14.05.2004. Hence, at the highest, the petitioner is entitled to get interest at a reasonable rate of interest for the period running from 21.02.2003 to 13.05.2004. 11. In fact, the petitioner is in search of payment of interest from March/May, 1998 which cannot be granted because there is no provision for the payment of interest nor the aforesaid amount was deposited under any coercion or compulsion. Moreover, the af ..... X X X X Extracts X X X X X X X X Extracts X X X X
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