2006 (5) TMI 363

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... P.C. Anand, Advocate, for the Respondent. [Order per : T.K. Jayaraman, Member (T)]. - Revenue has filed this appeal against OIA No. 59/2004-H-II-Cus. dated 29-11-2004 passed by the Commissioner of Customs & Central Excise (Appeals), Hyderabad. 2. The respondents imported goods and warehoused the same in their private bonded warehouse on 25-6-1998. Initially they cleared 2 MTs of the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... referred to in Section 59(1)(b) of the Customs Act, 1962. In the instant case, since no notice, invoking the bond under Section 59(1)(b) of the Customs Act, was given to the appellants and the demand was issued on 29-3-2001, subsequent to the payment of duty on 28-3-2001, no interest need be paid for the period prior to the issue of the demand by the appellants. 3. Revenue has filed appea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....der, also held that by reason of sub-section (2) of Section 61, interest is payable on the amount of duty on the warehoused goods for the period from expiry of permitted period till the date of their clearance from the warehouse (para 10 of the judgment refers). 4. Shri K. Sambi Reddy, the learned JDR, appeared on behalf of Revenue and Shri P.C. Anand, the learned Advocate, for the respond....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....demand all duties, rent and charges claimable on account of such goods under this Act, together with interest on the same from the date so specified at the rate of six per cent per annum or such other rate as is for the time being fixed by the Board. However, after 23-12-1991, Section 59(b) reads as follows:- "59 (b):   To pay on or before a date specified in a notice of demand, ....