2008 (10) TMI 162 - AT - Customs

Warehoused goods - issue relates to the payment of interest on account of delay in clearance of the goods after the assessment of bills of entries - In Ispat Industries case, this Bench clearly holds that interest on warehoused goods cleared for home consumption would be payable only at the time of clearance for period from expiry of warehousing period and not after expiry of 7 days of return of bill of entry for payment of duty - Commissioner (A) rightly held that no interest would be payable revenue appeal dismissed

Summary

Issues:
Payment of interest on delay in clearance of goods after assessment of bills of entries.

Analysis:
The appeals were filed against Orders-in-Appeal passed by the Commissioner of Customs and Central Excise (A), Visakhapatnam. The issue revolved around the payment of interest due to a delay in clearing goods after the assessment of bills of entries. The appellants had imported goods that were warehoused, and they filed the necessary entries for clearance. However, they did not pay the duty promptly after receiving the bills of entries, leading to the revenue seeking interest payment under Section 47 of the Customs Act. The Original Authority upheld the interest payment, but the Commissioner (A) analyzed Sections 47 and 61 of the Customs Act. The Commissioner (A) concluded that Section 47 did not apply in this case due to Section 61(2)(ii), which allowed a 90-day interest-free period for warehoused goods. As the goods were cleared within the 90-day period, the Commissioner (A) ruled that no interest was payable, setting aside the original orders and favoring the respondents.

The revenue challenged the Commissioner (A)'s decision, arguing that interest should be paid as the duty was discharged after 7 days from the return of the bill of entry. They cited a Tribunal decision to support their stance. However, the consultant for the respondents referenced a different case to counter this argument. The consultant highlighted a previous decision where legal provisions were different, emphasizing that interest on warehoused goods cleared for home consumption should only be payable at the time of clearance after the warehousing period, not after 7 days from the bill of entry return for duty payment. Based on this analysis, the Tribunal found the impugned orders to be legally sound and dismissed the revenue's appeals, affirming that interest was not warranted in this case.

In conclusion, the Tribunal upheld the Commissioner (A)'s decision, emphasizing that interest on warehoused goods should be paid only at the time of clearance for home consumption, following the expiry of the warehousing period. The Tribunal found no merit in the revenue's appeals and dismissed them accordingly.