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2018 (6) TMI 1220 - AT - CustomsRectification of Mistake Application - at para 4 of the said order, there was no mention of the said fact of non applicability of interest for the period of provisional assessment, from 02.06.2008 to 30.10.2010, which is an error apparent oh the order - Held that - Correcting the mistake, in para 4 of the order at line 2, after expression differential value, it should be read as and also since no interest is payable on the differential duty of ₹ 9,17,646/- for the period of provisional assessment i.e. from 02.06.2008 to 30.10.2010 as the entire amount of the said differential duty was paid at the time of provisional assessment, in view of the settled principles of law and accepted by this Tribunal, and accordingly prays for withdrawal of the Appeal. The mistake being apparent, is accordingly rectified - ROM application allowed.
Issues: Rectification of mistake in the order dated 31.07.2017 regarding the applicability of interest on the differential duty for the period of provisional assessment from 02.06.2008 to 30.10.2010.
The issue in this case revolves around an application filed for the rectification of a mistake apparent in the order dated 31.07.2017. The applicant argued that no interest is payable for the period of provisional assessment from 02.06.2008 to 30.10.2010, as the entire amount of the differential duty was paid at the time of provisional assessment. However, the order did not mention this fact, leading to the request for rectification. Upon hearing both sides, the Tribunal acknowledged the contention of the applicant's consultant. The Tribunal agreed that no interest is payable on the differential duty of ?9,17,646 for the period of provisional assessment from 02.06.2008 to 30.10.2010 since the entire amount was paid during provisional assessment. The Tribunal corrected the mistake in the order, explicitly stating the non-applicability of interest for the mentioned period. The Tribunal allowed the rectification application, emphasizing the settled principles of law and the acceptance by the Tribunal regarding such matters. In conclusion, the Tribunal rectified the mistake in the order dated 31.07.2017, explicitly mentioning that no interest is payable on the specified differential duty for the period of provisional assessment. The rectification was granted based on the established legal principles and the acknowledgment of the payment made during the provisional assessment period.
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