2017 (10) TMI 414

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....: Shri R.G. Sheth, Advocate with Ms. Pinkey Jagwani, Advocate Respondent - Represented By: Shri S.J. Sahu, Asstt. Commr.(A.R.) ORDER Per: Raju This rectification of mistake application have been filed by M/s. Plastrulon Processors Ltd. in respect of order No.A/93653/16/CB dt. 4.11.2016. 2. The Ld. Counsel pointed out that in the said order the applicant had relinquished the title to....

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....f the Customs Act, was amended in Budget 2003, to incorporate the following proviso, - "Provided that the owner of any warehoused goods may, at any time before an order for clearance of goods for home consumption has been made in respect of such goods, relinquish his title to the goods upon payment of rent, interest, other charges and penalties that may be payable in respect of the goods and up....

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....ication. 4. We have considered the contention of the applicant. We find that the order dt. 4.11.2016 misconstrued the term 'interest' appearing in the judgment of Hon'ble Apex Court in the case of Kesoram Rayon however The term 'interest' in the said decision does not relate to the interest on duty but on the other charges. This is so as when the demand itself has been set aside there cannot be....