2001 (1) TMI 183 - AT - Customs

Summary

Issues:
Levy of interest on warehoused goods cleared after expiry of warehousing period at nil rate of duty under Advance Licences issued under D.E.E.C. Scheme.

Analysis:
The dispute in the present appeal revolved around the levy of interest on warehoused goods cleared by the appellants after the expiry of the warehousing period at nil rate of duty under Advance Licences issued to them under the D.E.E.C. Scheme. The goods were imported under OGL and allowed to be warehoused, but the warehousing period expired before the appellants could clear the goods. The appellants applied for an extension of the warehousing period, which was denied. Subsequently, they obtained Advance Licences and cleared the goods at nil rate of duty. The Customs Authorities contended that since the warehousing period had expired, the goods were to be treated as illegally removed and duty was payable. However, the authorities accepted the appellants' claim for exemption under the Advance Licences, but confirmed interest amounting to Rs. 1,02,901.00. The appellants challenged this decision.

The appellants argued that as per the Customs Act, interest is chargeable on the amount of duty on warehoused goods, and since the goods were cleared free of duty under the Advance Licences, no interest should be payable. They relied on a Supreme Court decision in the case of Pratibha Processors to support their argument. On the other hand, the Revenue cited a different Supreme Court decision in the case of Kesoram Rayon to justify the levy of interest. After considering the arguments from both sides, the Member (J) referred to the Supreme Court decisions in Pratibha Processors and Commissioner of Customs, Chennai v. Jayathi Krishna & Co. to conclude that interest on warehoused goods is linked to the duty payable, and if no duty is payable, no interest should be charged. The Member (J) held that the issue in the present case was covered by the Supreme Court decisions mentioned, and not by the decision in the case of Kesoram Rayon. Therefore, the appeal was allowed, and the impugned orders were set aside, providing consequential reliefs to the appellants.