TaxTMI 
TaxTMI 
2011 (2) TMI 853
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....l of entry filed by the appellant was assessed provisionally on 13.09.2004 for want of original documents and duty dispute on classification of fuel and oil. The final assessment order was issued on 24.12.2009, which culminated into the demand of differential duty of Rs. 10,83,749/- and interest under Section 18 (3) of Customs Act, 1962 was also demanded. The appellants challenged only the demand ....
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.... who has withheld payment of any tax as and when they are due and payable. Section 18 of Customs Act is only procedural provision and therefore, interest has to be levied. As regards decision of the Tribunal in the case of Sterlite Industries (I) Limited vs. Commissioner of Customs, Tuticorn 2008 (223) ELT 633 (Tri. Chennai), relied upon by the learned Commissioner, it has been submitted that a ta....
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....er Section 28AB from the first day of the month in which the duty is provisionally assessed till the date of payment thereof. 4. The question in this case is whether interest is leviable when the provisional assessment was resorted to prior to 13.7.2006 i.e. the date of introduction of sub-Section 18 (3) in the Customs Act, 1962. I find that as stated by the learned Commissioner in the impugned o....
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....hich Section 18(3) ibid came into force. In other words, the impugned orders are liable to be set aside. It is ordered accordingly. All these appeals stand allowed. 5. I find that the issue is squarely covered by the decision in the case referred above. In this case also, the provisional assessment was resorted to during the period prior to 13.7.2006. The fact that Section 28AB of Customs Act, 19....