9911796707
TMI Blog2015 (1) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... onsumption - Demand of interest - Held that:- When the duty itself is not demandable and demand has been dropped, the question of payment of interest and penalty does not arise. While it is clear that upon relinquishment of the title of the goods, the importer gains a freedom from liability to pay duty thereon, there appears to be some confusion in the field, whether such freedom also extends to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner (AR), for the Respondent. ORDER The appellant is a proprietary concern engaged in importing liquor for domestic consumption and sale through Karanataka State Beverages Corporation which regulates sale of liquor in the State of Karnataka. The appellant filed bill of entry No. 10726, dated 27-11-2004 warehousing the goods at M/s. Container Corporation of India Ltd. by executing a do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the date of warehousing till the date of relinquishment of the title to the goods under proviso to Section 68 read with Section 72(1) of the Customs Act, 1962 and imposed a penalty of ₹ 10,000/- under proviso to Section 68 read with Section 117 of the Customs Act, 1962. The appeal filed by the appellant against this decision has been rejected and hence the matter is before me today. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uishment, he shall not be liable to pay duty thereon. (emphasis supplied). 2. While it is clear that upon relinquishment of the title of the goods, the importer gains a freedom from liability to pay duty thereon, there appears to be some confusion in the field, whether such freedom also extends to the interest accrued on the said duty till the date of such relinquishment . The confusion appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that submission in view of the observations of the Hon ble High Court in Paragraphs 13 14 which in my opinion are more appropriate and are applicable to the facts of this case. Taking note of the fact that the observations clearly go against the Department and also taking note of the fact that this was a case wherein appeal filed by the Revenue had been rejected and also in view of the circular ..... X X X X Extracts X X X X X X X X Extracts X X X X
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