2008 (11) TMI 580

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....- These two appeals arise out of the common order passed in W.P. No. 14843/2006 and W.P. No. 14844/2006 respectively, being aggrieved by the common order of the learned single Judge dated 26-8-2008, wherein the Writ Petitions have been dismissed declining: the prayer of the petitioner in W.P. No. 14843/2006 to quash the order No. 55/2006, dated 14-9-2006 passed in Application No. 69/2006, in so fa....

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.... oil STD and it had quoted a lower rate to evade payment of full customs duty of Rs. 2,82,63,409/-, as against which, it had paid the duty of Rs. 1,62,27,486/-. Accordingly, the Settlement Commission passed an order granting immunity to the petitioner from payment of fine, penalty and prosecution under the Act and directed the petitioner to pay simple interest at 10% per annum for the period wh....

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....tive petitioners. The interest payable on non-paid duty amount under Section 28AB of the Act, would have been between 10 and 36 per cent and the relevant point of time, in terms of the notification issued by the Central Government, the interest leviable was 18% per annum, however, the Settlement Commission has reduced the interest liability on the non-paid duty to 10% per annum and has expressly g....

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....ying interest and there is no conscious application of mind by the Settlement Commission while considering the question of levy of interest. 6. We have given careful consideration to the contentions of the learned counsel appearing for the appellants and scrutinized the material on record. 7. The scope of interference with the order passed by the Settlement Commission in exercise of writ jur....