TaxTMI 
TaxTMI 
2017 (11) TMI 955
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....6.10.2004, 03.11.2004, 17.11.2004 and 14/15.02.2005 issued by Deputy Commissioner, Customs Division, Lucknow and Joint Commissioner I/C, Customs Division, Lucknow, demanding Rs. 47,02,882.00 towards interest alleging to have accrued on delayed payment of arrears of duty of Rs. 22,85,531.00 for which interest was payable by UPSBCL-petitioner under Section 28 of Customs Act, 1962 (hereinafter referred to as "Act, 1962). Break up of computation of interest is appended to said notice. 2. Facts in brief, giving rise to present dispute, are as under: 3. UPSBCL-petitioner is a Company registered under the provisions of Companies Act, 1956 (hereinafter referred to as "Act, 1956), being owned by State Government. UPSBCL-petitioner imported equipme....
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....Allahabad on 14.02.1992, which was dismissed vide order dated 14.08.1992, whereafter UPSBCL-petitioner carried the matter in further appeal to Customs Excise and Gold (Control) Appellate Tribunal, New Delhi (herein after referred to as "Tribunal"). Tribunal granted an interim order dated 12.10.1993 directing UPSBCL-petitioner to deposit Rs. 10 lacs and furnish bank guarantee of Rs. 5 lacs to the satisfaction of Collector, and, subject to same, recovery of balance amount was stayed. Ultimately, appeal was dismissed vide Tribunal's judgment and order dated 29.05.2001. 6. UPSBCL-petitioner filed Civil Misc. Writ Petition No. 134 of 2002, which was dismissed vide order dated 05.05.2003 on the ground of alternative remedy of appeal before S....
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....ich has not been levied or which has been so short-levied or to whom the refund has erroneously been made, requiring him to show cause why he could not pay the amount specified in the notice: Provided that where any duty has not been levied or has been short-levied or has been erroneously refunded by reason of collusion or any willful misstatement or suppression of facts by the importer or the exporter or the agent or employee of the importer or exporter, the provisions of this sub-section shall have effect as if for the words ("one year" and "six months" the words "five years" were substituted. Explanation- Where the service of the notice is stayed by an order or a court, the period of such stay shall be excluded in computing the afore....
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.... of facts by exporter or importer or its agents, employees etc. Present is a case of short charging of duty for which notice was issued by Proper Authority on 23.07.1990 and after considering petitioner's reply order of demand was passed on 14.12.1991. Section 28 had its relevance only to this extent and not for demanding interest under Section 28AA. No further notice under Section 28 is attracted at this stage. 10. Section 28AA, inserted by Act, 1995, w.e.f. 26.05.1995, reads as under: "28AA. Interest on delayed payment of duty.- (1) Subject to the provisions contained in Section 28AB, where a person, chargeable with the duty determined under Sub-section (2) of Section 28, fails to pay such duty within three months from the date of ....