9911796707
TMI Blog2009 (1) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... The very purpose of warehousing is to postpone the duty demand. It is a facility given by the Revenue to the importers. In terms of the Section 61, the initial warehousing period is 90 days. That means, if any, clearance is made within the initial warehousing period, only duty has to be paid and not interest - period of 5 days from the date of return of the assessed Bills of Entry under Section 47 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment in terms of Section 47 of the Customs Act, 1962. The matter was decided by the Original authority who demanded interest of Rs. 7,34,025/-. The Respondents approached to the Commissioner (Appeals). The Commissioner (Appeals) after examining the legal provisions came to the conclusion that Section 61(2)(ii) of the Customs Act, 1962 provides for the period during which the goods made remained wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... warehoused goods. 4. The Revenue is aggrieved over the impugned order of the Commissioner (Appeals). The Revenue gave the following grounds: (i) The Hon'ble Tribunal in the case of Pesticide Industries v. Collector of Customs, Jaipur - 1996 (87) E.L.T. 678 (Tri. -NB), held that in case of goods falling under Section 61(1)(b) not only period of warehousing which is restricted to 30 days but also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue to the importers. In terms of the Section 61, the initial warehousing period is 90 days. That means, if any, clearance is made within the initial warehousing period, only duty has to be paid and not interest. The period of 5 days from the date of return of the assessed Bills of Entry under Section 47 applies to the Bills of Entry for home consumption only. This is also the view taken b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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