9911796707
TMI Blog2014 (5) TMI 711X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Customs Act, 1962 - penalty under Section 117 of the Customs Act, 1962 are not imposable - Decided in favour of assessee. - C/1304-1306/2012 - Final Order Nos. A/82-84/2013-WZB/C-IV(SMB) - Dated:- 7-1-2013 - Shri Ashok Jindal, Member (J) Shri Brijesh Pathak, Advocate, for the Appellant. Shri V.C. Khole, DC (A.R.), for the Respondent. ORDER The appellants are in appeal against the impugned orders wherein the penalty under Section 117 of the Customs Act, 1962 has been imposed on them for violation of Section 61 of Customs Act, 1962. 2. The facts of the case are that the appellant filed bills of entry for warehousing the goods and same was permitted to them under Section 60 of the Customs Act, 1962. After expiry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) Any warehoused goods may be left in the warehouse in which they are deposited or in any warehouse to which they may be removed, - (a) in the case of capital goods intended for use in any hundred per cent export oriented undertaking, till the expiry of five years; (aa) in the case of goods other than capital goods intended for use in any hundred per cent. export-oriented undertaking, till the expiry of three years; and (b) in the case of any other goods, till the expiry of one year, After the date on which the proper officer has made an order under section 60 permitting the deposit of the goods in a warehouse : Provided that - (i) in the case of any goods which are not likely to deteriorate, the period spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 on the warehoused goods, for the period from the expiry of the said warehousing period till the date of payment of duty on the warehoused goods; (ii) specified in sub-clause (b) of sub-section (1), remain in a warehouse beyond a period of ninety days, interest shall be payable at such rate or rates not exceeding the rate specified in section 47, as may be fixed by the Board, on the amount of duty payable at the time of clearance of the goods in accordance with the provisions of section 15 on the warehoused goods, for the period from the expiry of the said ninety days till the date of payment of duty on the warehoused goods : Provided that the Board may, if it considers it necessary so to do in the public interest, by order and u ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
