2019 (2) TMI 503

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....ustoms<br>DR. D.M. MISRA, MEMBER (JUDICIAL) And MR. S. SRIVASTAVA, MEMBER (TECHNICAL) Shri Roopam Kapoor, Commissioner (AR), Mrs. P. Vinitha Sekhar, Jt. Commr. (AR), Shri Ramesh Kumar, AC (AR) for Appellant Shri Chirag Shetty, Advocate, Shri D.H. Nadkarni, Advocate for Respondent ORDER Per: Dr. D.M. Misra These appeals are filed by the Revenue against respective Orders-in-Original, ....

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....53 (Tri) (c) Sony Sales Corporation, Krishna Sales Corporation - 2017 (5) TMI 1435 (Tri) (d) 3D Network Pvt. Ltd. - 2017 (10) TMI 128 (e) B Suresh Vasudev Baliga - 2015 (329) ELT 433 (T) 4. We find that the question of law whether component of interest be considered while arriving at the quantum of penalty prescribed under Section 114A of the Customs Act, 1962 has been considered by th....

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....been erroneously refunded by reason of collusion or any wilful mis-statement or suppression of facts, the person who is liable to pay the duty or interest, as the case may be, as determined under [sub-section (8) of section 28] shall also be liable to pay a penalty equal to the duty or interest so determined: ................................... Section 114A of the Customs Act envisages....

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....ate the quantum of interest proposed to be demanded. Apparently, the duty demand itself was to be determined subject to the outer limit of amounts mentioned in the show-cause notices. The interest payable depends not only on the duty so determined but also the actual date of payment of the duty so determined. Only then, the actual interest payable will be ascertainable. Obviously, in the present c....