2010 (3) TMI 509 - AT - Customs

Interest- Penalty - whether the appellant had operated under a bond for importing the brass items under Customs Notification No. 30/97-Cus., dated 1-4-97 and shall be required to pay interest @ 24% per annum on the value of material cleared for non-fulfilment of export obligation or shall be liable to pay interest @ 15% in terms of amendment made by Section 127 of the Finance Act, 2003? Held that once there is interest liability in terms of bond, there shall not be any dispute to discharge that liability in terms of bond, there shall not be any dispute to discharge that liability, but even being governed by bond condition, rate of interest shall be payable in terms of Notification . reduced rate prescribed by amendment of law cannot be ignored. Once notification governing the issue got amended by statutory provision, such statutory provision prevail. Interest payable @ 15% per annum.

Summary

Issues:
Interpretation of applicable interest rate on material cleared for non-fulfilment of export obligation under Customs Notification No. 30/97-Cus. and impact of amendment made by Section 127 of the Finance Act, 2003.

Analysis:
The primary issue in this case before the Appellate Tribunal CESTAT, NEW DELHI was to determine the correct interest rate applicable to an appellant who had operated under a bond for importing brass items under Customs Notification No. 30/97-Cus. The question was whether the appellant should pay interest at 24% per annum as previously prescribed, or at the reduced rate of 15% as per the amendment made by Section 127 of the Finance Act, 2003. The appellant sought direction to pay interest at the reduced rate of 15%, acknowledging the legal position established by the amendment.

The Tribunal considered the arguments presented by both parties, with the Revenue vehemently opposing the appellant's claim based on the conditions of the bond and citing the Apex Court's decision in Rexnord Electronics & Control Ltd. v. UOI. The Revenue contended that interest prescribed under the bond conditions must be paid regardless of statutory provisions regulating interest rates on defaulted amounts. The Tribunal acknowledged the obligation to pay interest but focused on the disputed rate of interest. While recognizing the importance of bond conditions, the Tribunal held that once a notification governing an issue is amended by statutory provision, the statutory provision prevails. Therefore, the Tribunal concluded that the applicable rate of interest for recovery should be 15% as enforced from 1-4-97, in line with the amendment by Section 127(1) of the Finance Act, 2003.

In its decision, the Tribunal allowed the appeal to the extent that the appellant would be required to pay interest at the reduced rate of 15%. Additionally, the Tribunal addressed the penalty imposed on the appellant, considering the confusion caused by the interpretation of the law. The Tribunal directed that the penalty should be waived upon the discharge of the entire duty amount applicable, along with interest at the rate of 15% as ordered. The Tribunal's decision aimed to provide clarity on the applicable interest rate and alleviate any penal consequences resulting from the interpretation issue.

In conclusion, the Tribunal's judgment clarified the rate of interest applicable to the appellant under the Customs Notification and the impact of the statutory amendment on the interest rate calculation. The decision emphasized the importance of statutory provisions prevailing over bond conditions in determining the correct rate of interest for recovery, ultimately providing relief to the appellant by allowing the appeal and waiving the penalty upon fulfillment of the prescribed obligations.