2013 (2) TMI 199

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.... has challenged an order of the Settlement Commission dated 24 March 2011 under section 127 C(5) of the Customs Act, 1962 directing the Petitioner to pay interest in terms of the provisions of Section 28 AB of the Act on the full amount of the duty in the case. 2. The Petitioner had initially filed an application before the Settlement Commission even before the issuance of a notice to show caus....

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....ommission has by its order impugned in these proceedings directed that the interest be paid under section 28AB. 3. Section 127 H of the Customs Act, 1962, prior to its amendment by Act No.22 of 2007, empowered the Settlement Commission to grant immunity, inter alia, either wholly or in part of any part of the interest. With effect from 1 June 2007 an amended provision was brought into force by ....

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....to Section 127B. Admittedly, the application filed by the Petitioner to the Settlement Commission was after the amended provisions of Section 127H were brought into force with effect from 1 July 2007. The Settlement Commission has no jurisdiction to grant an immunity or a waiver from the statutory liability to pay interest. The liability to pay interest on delayed payment of duty under section ....