2010 (5) TMI 124 - HC - Customs

Refund of interest deposited under protest - the subject goods were imported in the year 1988-89. The free period of keeping the goods in the warehouse without interest was curtailed to three months after amendment from 13th May, 1983. In the present case, department had allowed 90 days free period and beyond 90 days, interest was levied as per amended provision of section 61(2). The Legislature inserted subsection (2) in section 61 by Act 11 of 1983 which contemplates that where any warehoused goods remain in a warehouse beyond the period of three months, interest @ 18% is payable on the duty on warehoused goods. - held that It is needless to mention that section 59 only deals with the conditions and contents of the bond and the obligations of the bonder who seeks to warehouse goods. The goods can be warehoused for the period mentioned under section 61(1) and, if the goods are kept in the warehouse beyond that period, the same are liable to attract liability of interest irrespective of the notice of demand demanding interest. refund not granted importer s petition dismissed

Issues Involved:
1. Claim for refund of interest imposed and recovered without notice under Section 59(1) of the Customs Act, 1962.
2. Applicability of Section 59(1)(b) and Section 61(2) of the Customs Act, 1962.
3. Validity of interest demand without a formal notice.
4. Relevance of the Supreme Court judgment in Union of India v. Bangalore Wire Rod Mills.

Detailed Analysis:

Issue 1: Claim for Refund of Interest Imposed and Recovered Without Notice Under Section 59(1) of the Customs Act, 1962
The petitioners, engaged in import and export activities, sought a refund of interest imposed and recovered without issuing a notice as required under Section 59(1) of the Customs Act, 1962. They argued that the interest was illegally collected since no notice of demand was issued as mandated by Section 59(1)(b).

Issue 2: Applicability of Section 59(1)(b) and Section 61(2) of the Customs Act, 1962
The petitioners contended that Section 59(1)(b) necessitates a notice of demand for interest to be valid. They relied on the Delhi High Court's interpretation and the Supreme Court's judgment in Union of India v. Bangalore Wire Rod Mills, which held that interest becomes payable only from the date specified in the notice of demand. The petitioners argued that Section 61(2), which deals with interest on goods remaining in a warehouse beyond the permitted period, does not eliminate the requirement for a notice under Section 59(1)(b).

Issue 3: Validity of Interest Demand Without a Formal Notice
The petitioners asserted that the absence of a formal notice of demand under Section 59(1)(b) rendered the recovery of interest illegal. They emphasized that the Delhi High Court had previously directed the customs authorities to issue such notices, which were never issued. The petitioners maintained that the interest paid under protest should be refunded.

Issue 4: Relevance of the Supreme Court Judgment in Union of India v. Bangalore Wire Rod Mills
The petitioners heavily relied on the Supreme Court's judgment in Union of India v. Bangalore Wire Rod Mills, where it was held that interest liability arises only after the expiry of the period specified in the notice of demand. They argued that this precedent should apply to their case, making the interest demand without notice invalid.

Court's Consideration and Judgment:
The court examined the statutory provisions of the Customs Act, particularly Sections 59, 61, and 72, in detail. It clarified that Section 59 deals with the conditions and contents of the warehousing bond, while Section 61 prescribes the period for which goods may remain warehoused and the interest payable if the goods remain beyond this period.

The court distinguished the current case from the Bangalore Wire Rod Mills case, noting that Section 61(2) was not applicable at the time of the latter case. It highlighted that Section 61(2), introduced by an amendment effective from 13th May 1983, explicitly provides for interest on goods remaining in a warehouse beyond the permitted period, regardless of any notice under Section 59(1)(b).

The court concluded that the liability to pay interest under Section 61(2) arises automatically after the expiry of the permitted period, and a formal notice under Section 59(1)(b) is not necessary for this purpose. It held that the petitioners' reliance on the Bangalore Wire Rod Mills judgment was misplaced, as the statutory context had changed with the introduction of Section 61(2).

Final Judgment:
The court dismissed the petition, ruling that the interest was correctly imposed under Section 61(2) of the Customs Act, 1962, and no separate notice under Section 59(1)(b) was required. Consequently, the petitioners were not entitled to a refund of the interest paid. The rule was discharged with no order as to costs.

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