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    <title>2006 (6) TMI 440 - CESTAT, CHENNAI</title>
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    <description>Interest under section 18(3) of the Customs Act does not apply where the provisional assessment preceded its commencement, even if finalisation and payment of differential duty occurred later. Provisional assessment was required because the imported goods&#039; composition depended on chemical analysis. Section 18(3) was treated as corresponding to the Central Excise provisional-assessment interest rule, and the Board&#039;s clarification under that rule supported non-application to pre-commencement provisional assessments. Section 28AB served only to identify the applicable interest rate and did not create or expand substantive interest liability. Prima facie, pre-deposit was waived and recovery of interest was stayed.</description>
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    <pubDate>Sun, 11 Jun 2006 00:00:00 +0530</pubDate>
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      <title>2006 (6) TMI 440 - CESTAT, CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=121795</link>
      <description>Interest under section 18(3) of the Customs Act does not apply where the provisional assessment preceded its commencement, even if finalisation and payment of differential duty occurred later. Provisional assessment was required because the imported goods&#039; composition depended on chemical analysis. Section 18(3) was treated as corresponding to the Central Excise provisional-assessment interest rule, and the Board&#039;s clarification under that rule supported non-application to pre-commencement provisional assessments. Section 28AB served only to identify the applicable interest rate and did not create or expand substantive interest liability. Prima facie, pre-deposit was waived and recovery of interest was stayed.</description>
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