2008 (9) TMI 855 - AT - Customs

Interest on demand - Duty became payable on dates of assessments of Bills of Entry and these dates

Summary

Issues:
1. Demand of duty on imported raw material under advance licenses.
2. Dropping of demand of duty on specific advance licenses.
3. Levy of interest on duty under Section 28AB.
4. Imposition of penalty under Section 114A.

Analysis:

1. Demand of duty on imported raw material under advance licenses:
The case involved the import of raw material under advance licenses by the respondents and subsequent duty-free clearance under Customs Notification No. 204/92. The Directorate of Revenue Intelligence suspected that the material was diverted for purposes other than fulfilling export obligations. The Commissioner of Customs confirmed a demand of duty, partially accepting the respondent's evidence of export obligation fulfillment under certain licenses. The appellant contested the evidence presented, arguing non-compliance with notification terms. However, the Tribunal upheld the dropping of duty demand based on the evidence provided by the respondents, including certification of export obligation fulfillment by the licensing authority.

2. Dropping of demand of duty on specific advance licenses:
Specifically, the appeal challenged the dropping of duty demand on raw material imported under Advance License No. 2026490. The appellant claimed lack of proof regarding export obligation fulfillment and export proceeds realization. The Tribunal noted that the evidence produced by the respondents, including a letter from the licensing authority certifying export obligation discharge, was admissible. The Tribunal emphasized that the noticee had the right to present evidence to refute allegations of non-fulfillment of export obligations. The evidence provided, including export entries logged by Customs, supported the dropping of duty demand on the goods imported under the license in question.

3. Levy of interest on duty under Section 28AB:
The appellant contested the dropping of the proposal to levy interest on duty under Section 28AB, which came into force after the subject imports. The Tribunal clarified that Section 28AB could not be applied retrospectively to duties payable before its enactment. Citing a relevant case, the Tribunal highlighted that similar provisions in the Central Excise Act were not applied retrospectively. The Tribunal's decision aligned with the legal interpretation that Section 28AB's prospective application did not cover duties determined before its enactment, thus justifying the dropping of interest levy.

4. Imposition of penalty under Section 114A:
The judgment did not address the imposition of penalty under Section 114A, as the appeal primarily focused on duty demand and interest levy. The Tribunal's decision to dismiss the appeal indicated a comprehensive evaluation of the issues raised by the appellant, ultimately upholding the dropping of duty demand and interest levy based on the evidence and legal provisions presented during the proceedings.

In conclusion, the Tribunal's detailed analysis and interpretation of the legal provisions, evidence presented, and relevant case law led to the dismissal of the appeal, affirming the dropping of duty demand and interest levy on the imported raw material under specific advance licenses.