2018 (6) TMI 1089

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....thew M/s Saksham Impex Pvt Ltd challenges order-in-appeal no. 713[Adjn(I)]/2017(JNCH)/ Appeal-II dated 17th October 2017 of Commissioner of Customs (Appeals), Nhava Sheva for rejecting their plea for benefit of reduction in penalty from 25% to 15% which in consequence of amendment to section 28 of the Customs Act, 1962, was extended to such assessees as discharged their duty and interest liabil....

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.... bills of entry at Nhava Sheva and Inland Container Depot, Tughlakabad and that at both the obligation prescribed in section 28(6) of Customs Act, 1962 had been discharged within one month of the issue of show-cause notice. Though the amounts paid at ICD Tughlakabad had been encashed, the competent authority denied them the benefit of reduced penalty which, upon being carried to the Tribunal, was ....

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....pecific query, it was also admitted that interest liability had also been discharged for the period upto the encashment of the subsequent demand draft. 4. Learned Authorised Representative reiterated the contents of the impugned order 5. It is seen that the impugned order admits to the submission of the demand draft within the stipulated deadline and the failure to encash it. Notwithstanding....

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....d to have been paid on the date the demand draft is deposited with the Customs authorities has to be approved. In fact the Larger Bench of this Tribunal in the case of CCE v. Genus Overseas Electronics [2003 (155) E.L.T. 541 (Tri.-LB) = 2003 (56) RLT 759 (LB)] held that payment of duty by cheque would be date of Tender of the same and not realisation following the same, the date of Tender of the d....