2007 (12) TMI 43

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....cko, Member (J)]. - 1.  The appellants are manufacturers of copper anode. For the manufacture of this product, they used to import the raw material viz, copper concentrate, which is cleared on payment of duty assessed provisionally. The provisional assessments, in the present cases, were made prior to 13-7-2006, the date on which sub-section (3) was inserted in section18 of the Customs Act. T....

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....eals, arguments of ld Counsel for the appellants and arguments of ld. JDR for the Revenue, we note that Section 18(3) of the Customs Act, the charging provision for interest on differential duty paid upon finalisation of provisional assessment in respect of Imported goods, came into force on 13-7-2006 only. All the provisional assessments in the present cases, were made prior to the said date. The....

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....on'ble Supreme Court's judgment in India Carbon Ltd. v. State of Assam - [1997]106 S.T.C. 460 (S.C.), wherein it was held that interest could be levied and charged on delayed payment of tax only if the statute that levied and charged the tax made a substantive provision in this behalf. The substantive provision of law relevant to the present case, we repeat is Section 18(3) of the Customs Act and ....

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....or to 1-7-2001 and its finalisation was effected after that date. We find that sub-section (3) of Section 18 of the Customs Act and sub-rule (4) of Rule 7 of the Central Excise (No. 2) Rules, 2001 are pari materia provisions. Ld. JDR has not cited any circular of the Board interpreting or clarifying the Customs provision differently. 3.   As already indicated, all the provisional asse....