2007 (3) TMI 7 - SC - Customs

Interest(customs) Alleged that appellant were liable to pay the interest at the rate of 18% on Rs.6.02 crores As per the decision of the court decided that department were not entitle to recover any amount as interest

Summary

Issues:
Interpretation of interim order dated 9-9-1991; Liability of importer to pay interest on refunded amount; Conceptual difference between assessable value and duty amount; Entitlement of Department to interest on refunded amount.

Interpretation of Interim Order:
The civil appeals revolved around the interpretation of the interim order dated 9-9-1991 passed by the Supreme Court in a stay application by the Department. The order allowed the importer to withdraw Rs. 6.02 crores subject to furnishing a bank guarantee, with a condition to restore the amount if the Department succeeded in the appeal. The controversy centered on the applicability of interest on the refunded amount as per the interim order.

Liability of Importer to Pay Interest:
The Department contended that the importer was liable to pay interest on the refunded amount between 28-10-1991 to 10-7-1997 based on the interim order. However, the importer argued that the Customs Act did not provide for interest on provisional assessment at the relevant time and that the final assessment order was passed only in 2001. The importer emphasized that the law was amended in 2006 to allow interest on provisional assessment, indicating its non-applicability before 2006.

Conceptual Difference Between Assessable Value and Duty Amount:
The judgment clarified the distinction between the assessable value and duty payable. The Court disallowed certain additions to the assessable value, substantially reducing the duty amount. The final assessment order detailed the amounts paid by the importer during the proceedings, leading to the conclusion that the Department could not seek interest on the full duty amount based on the loading of certain items that were ultimately disallowed.

Entitlement of Department to Interest on Refunded Amount:
Ultimately, the Court held that the Department was not entitled to interest at the rate of 18% p.a. on the refunded amount of Rs. 6.02 crores between 28-10-1991 to 10-7-1997 as per the interim order. The judgment emphasized that justice had been served, accounts were settled, and the wider controversy regarding interest under the Customs Act was not delved into. Both appeals were disposed of with no order as to costs.