9911796707
TMI Blog2012 (5) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of appeal against the order of the Tribunal before the Karnataka High Court thinking that since the Tribunal which issued the order is located at Bangalore, jurisdiction over it is in the Karnataka High Court. Even though Standing Counsel opposed the delay condonation petition stating that delay is beyond condonable limit under the provisions of the Customs Act, we feel since the provisions of CPC are made applicable for appeals filed under the Customs Act, this court has the authority to condone delay. It is seen from the judgment of the Karnataka High Court that within the statutory period appellant filed the appeal and the matter was pending there for long period. We, therefore, condone the delay and proceed to consider the appeal on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levied penalty under Section 114A of the Act for misdeclaration and suppression of fact that led to evasion of duty. The appellant promptly paid the duty demanded without contest but questioned the levy of interest as well as penalty in appeal before the CESTAT. The Tribunal accepting appellant's theory that it is the seller of the DEPB credit M/s.Bhagya Laxmi Export that committed the deceit and also accepting that the appellant had made payment for the purchase of DEPB credit through cheque issued, cancelled the penalty levied, but sustained the demand of interest for belated payment against which this appeal is filed. 3. Senior counsel appearing for the appellant contended that interest under Section 28AB (now 28AA) read with Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rendered by the Calcutta High Court above referred is exactly on the same set of facts in as much as party in that case against whom interest is sustained also produced forged DEPB credit and the High Court held that the fraud perpetuated in a transaction of this type should automatically lead to demand of duty and interest. We are in complete agreement with the decision of the Calcutta High Court for more than one reason. In the first place, admittedly, appellant committed an irregularity because Telegraphic Release Advice is basically not for transfer of DEPB credit but for transfer of import licence registered in another Custom House. Secondly, Telegraphic Release Advice has to be issued by the Custom House and it was the duty of the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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