2003 (6) TMI 295

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Pushkarna, JDR, for the Respondent. [Order]. - This order will dispose of all the above captioned seven appeals; four filed by M/s. Polar Forging & Tool Ltd. and three by M/s. Heynan India Ltd., against the common order-in-appeal dated 18-9-2002 vide which the Commissioner (Appeals) has affirmed the orders-in-original of different dates. 2. The facts in all the appeals and the issue....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nterest could be claimed from the appellants without confirming the customs duty against them for having not removed the goods from the private Customs Bonded Warehouse within the stipulated period. The learned counsel has contended that in the absence of duty demand, no interest could be independently claimed and confirmed under Section 61(2) of the Customs Act. 4. On the other hand, the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Section 61 of the Act on the goods stored in the Bonded Warehouse. The learned counsel has also referred to the Notification No. 67/95 (NT)-Cus., dated 1-11-1995 vide which the interest accrued on the duty payable on the goods warehoused under Chapter 9, has been exempted. This notification as well as the above said circular had not been properly considered for their application to the case of th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....case of Jayathi Krishna & Co. v. CC, Chennai, and was later on upheld by the Apex Court in an appeal filed by the Commissioner of Customs, Chennai, reported in 2000 (119) E.L.T. 4 (S.C.), had been over looked by the authorities below. In those cases, it has been observed that interest on the warehoused goods is merely an accessory to the principal, and if the principal is not payable, so is the in....