9911796707
TMI Blog2007 (12) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... is the actual date to be reckoned for the purpose of calculation of interest leviable under Section 61 of the Customs Act 1962. The respondent M/s. Jindal Vijayanagar Steels Ltd., Bellary is manufacturing steel falling under Chapter 72 of Central Excise Tariff Act, 1985. Certain goods were imported and enter the territory of India at Chennai port. Under the supervision of the appellant, the goods were transported to Toranagallu where warehouse is situated and from the warehouse the respondent has to clear the goods. 3. The respondent has paid the duty payable on the warehouse goods under Section 61 of the Act. The appellant levied the interest on the ground that the goods were cleared beyond the period prescribed under Section 61(1) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the actual date of physical deposit of the goods in the warehouse of Toranagalllu, Bellary District. The Tribunal after hearing the parties has allowed the appeals field by the respondent on the ground that the time has to be reckoned only from the date on which the goods were deposited physically at Toranagallu and therefore the respondent was entitled for refund of the excess interest paid by them, by its order dt. 19-7-2006. Being aggrieved by the orders of CESTAT of Bangalore the present appeal is filed by the department. 4. According to Mr. Bhaskar, the Tribunal has committed a serious error in not considering the provision of Section 59 of the Act in order to reckon the date on which the interest has to be calculated or to show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port the question to be considered by us is whether the time stipulated for taking delivery of the goods within one year has to be reckoned either from the date on which the goods entered the Port at Chennai or actual deposit in the warehouse of Toranagallu. 7. When the learned counsel appearing for the appellant does not dispute the fact that the physical delivery of the goods to the warehouse was delivered at Toranagallu, we are not in a position to understand how the time to levy interest can be reckoned from the day on which the goods were entered the Port at Chennai. It is no doubt true the goods were under the supervision of the appellant department. But the goods were transported at the cost of the respondent-assessee from Chenn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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