Interest and Penalties Not Applicable Without Duty Determination Under Customs Act Section 28(2) for Mis-declared Goods.

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....Leviability of interest and penalty in relation to amounts payable as duty other than basic customs duty - mis-declaration of goods - intent to evade customs duty or not - petitioner has paid a sum, much prior to the issuance of show cause notice. There is no determination of duty under Section 28(2) of the Customs Act, 1962 and, therefore, Section 28AB of the Customs Act, 1962 is also not applicable. - HC....