2012 (6) TMI 284 - AT - Customs

Non-fulfillment of export obligation in respect of advance licenses - demand of interest on duty liability arising on the goods, imported duty free under the advance licenses - Held that - It is observed that appellant has moved to High Court against the order of Settlement Commission remanding case back to adjudicating authority. Since, High Court dismissed the petition while upholding interest liability, therefore, it is held that appellant is liable to pay the interest as directed by High Court - Decided against the assessee.

Summary

Issues:
Interest liability under Section 28AB of Customs Act, 1962 for duty already discharged by the appellant.

Analysis:
The appeal was against an Order-in-Appeal confirming the demand of interest on the appellant for not fulfilling export obligations in respect of certain advance licenses despite revalidation. The appellant argued that interest liability cannot be under Section 28AB as the demands were not confirmed under Section 28A. The appellant referred to a High Court judgment stating that interest liability accrues as per the undertaking given. The Revenue contended that interest liability was valid as per the undertaking given by the appellant. The Tribunal noted that the issue was solely about interest liability on the duty already discharged by the appellant for goods imported under advance licenses. The Settlement Commission remanded the matter back for deciding the interest issue, which was upheld by the High Court, emphasizing the contractual nature of the undertaking.

The High Court held that the appellant was obligated to pay interest as per the undertaking given to the authorities. The Tribunal, based on the High Court's judgment, concluded that the appellant was liable to pay the interest directed by the High Court. Therefore, the appeal was disposed of, affirming the appellant's liability to pay the interest as per the High Court's judgment.

In summary, the judgment focused on the interest liability of the appellant under an undertaking given for imported goods under advance licenses. The Tribunal upheld the High Court's decision, emphasizing the contractual nature of the undertaking and affirming the appellant's obligation to pay the interest as directed by the High Court.