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TMI Blog2007 (8) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... as also clarified that warehousing interest is distinguishable from Customs duty - burden of interest paid on warehousing could not have been passed on to the customer as the same is paid at the time of clearance of the goods – refund admissible - 376/2007/MCH/DC./GR. V-A/07 - 376/2007/MCH/DC./GR. V-A/07 - Dated:- 14-8-2007 - Shri W.L. Hangshing [ Order].-1. M/s. Hitachi Home and Life So ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded that interest on warehousing was legally outside the scope of Sec. 27 of the Customs Act, 1962 and that unjust enrichment was not applicable to warehousing interest and that it cannot be passed on. He reposed faith in Board's Circular No. 475/39/90-Cus VII dated 8-8-1990. 3. It is an admitted fact that an amount of Rs.7,11,279/- was paid by the importer as interest on warehousing and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce. The remaining amount of Rs.6,66,109/- was sanctioned but credited to the Consumer Welfare Fund as the importer had failed to prove that the burden was not passed on to the customers. 4. The importer has paid the interest on warehousing under Sec. 61 of the Customs Act, 1962, which is an undisputed fact. Section 27 deals with the refund of duty and the interest paid on such duty. The intere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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