9911796707
TMI Blog2024 (2) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... locomotives/rolling stock (classifiable under CTH 8607 of the Customs Tariff Act, 1975) vide 6(six) Bills of Entry during the period 28.05.2012 to 31.03.2013. At the time of import, duty was paid by the appellant as indicated in the EDI system. The appellant submits that Excise Duty (for the purpose of levy of CVD) on goods falling under Chapter 86 under Central Excise Tariff Act, 1985 was proposed to be fixed at 6% vide Finance Bill, 2012. However, at the time of promulgation of the Finance Bill and its enactment on 28.05.2012, the rate of duty for products under CTH 8607 was enacted as 12%. Therefore, the duty due to be discharged under Section 3(1) of the Central Excise Tariff Act, 1985 was 12% and not 6% as was self-assessed by them ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at since the imported goods were subjected to re-assessment, Section 28AA of the Customs Act is not applicable to the facts of the present case and it ought to be considered as a case falling under the provisions of Section 47 of the Customs Act. They further argued that the short paid duty was also not on account of any omission or commission at their end, but was clearly a failure of the duty computed by the EDI system and as there was no short payment of duty noticed at the time of clearance of goods for home consumption, the goods were permitted to be cleared by the Customs authorities. Ld.Counsel for the appellant further submitted that it be noticed that there was no duty re-determination in the sense of the term and therefore no inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng contained in sub-section (1), no interest shall be payable where,- (a) the duty becomes payable consequent to the issue of an order, instruction or direction by the Board under section 151A; and (b) such amount of duty is voluntarily paid in full, within forty-five days from the date of issue of such order, instruction or direction, without reserving any right to appeal against the said payment at any subsequent stage of such payment.]. It be noted that sub-section 2 of Section 28AA mandates payment of interest at appropriate rates, to be paid by a person liable to pay duty in terms of Section 28. As the Appellant has sought refuge under Section 47 of the Customs Act stating that the short-payment in duty need to be considered as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n terms of section 28 of the Customs Act, 1962 and order appropriation of an amount Rs.1,77,47,250/- (one crore seventy seven lacs forty seven thousand two hundred and fifty only) already paid by the noticee M/s. Titagarh Wagons Ltd vide Customs receipt nos. 1-72 to 77 all dated 15.07.14 towards the confirmed amount of duty. (ii) I also confirm demand of interest on the short levied duty of Rs.1,77,47,250/- (one crore seventy seven lacs forty seven thousand and fifty only) at the applicable rate to be paid by the noticee M/s. Titagarh Wagons Ltd. in terms of section 28AA of the Customs Act, 1962. (iii) I refrain from confiscation and imposition of fine and penalty as the noticee M/s. Titagarh Wagons Ltd. has paid the short levied amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the differential duty as required under law and within the time specified. Upon reference to the Third Member it was held by the Tribunal that the importer in the said case was not liable to pay interest as the duty leviable under Section 47 of the Customs Act, stood duly discharged and there was no delay in payment thereof. The present case is somewhat similar, while in the cited case it was a change in the rate of duty in the time interlude between assessment and grant of entry inwards, in the present case it is a variation of duty rates that between the time of presentation of Bill of Entry and the enactment of the Finance Bill. The fact is that in both the cases, upon payment of import duty, out of charge order for home clearance, by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e import duty under subsection (1) within two days (excluding holidays) from the date on which the bill of entry is returned to him for payment of duty, he shall pay interest at [such rate, not below [ten per cent] and not exceeding thirty six per cent per annum, as is for the time being fixed by the Central Government, by notification in the Official Gazette], on such duty till the date of payment of said duty." As is clear from the reading of the above provisions, sub-section (2) of Section 47 provides for interest in those cases where importer has not paid the import duty assessed in terms of sub-section (1) of Section 47 within a period of 2 days from the date on which the assessed Bill of Entry is returned to him for payment of duty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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