TaxTMI 
TaxTMI 
2024 (10) TMI 845
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....outh Zonal Bench, Bengaluru [CESTAT] holding that no interest can be charged on finalization of provisional assessments initiated before 2006. 2. Heard Sri Jeevan J. Neeralagi, learned counsel for the appellants and Sri Ravi Raghavan, learned counsel for respondent. 3. Learned counsel for the revenue submits that the respondent is in the business of import and export of networking equipment parts, etc. Respondent-Assessee imported networking equipment and its parts during the period from 2001 to March 2005 for which period provisional assessment order was passed. In terms of the provisional assessment, the respondent-assessee paid the duty. Thereafter final assessments were made during the period from 22.03.2013 to 30.08.2016. In the fina....
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....tion of this Court to Section 28AA of the Act and submits that the assessee would be liable to pay interest for the delayed payment of duty. Thus, learned counsel would pray to allow the appeal and to answer the substantial questions raised in favour of the appellant revenue. 5. Per contra, learned counsel Sri Ravi Raghavan appearing for the respondent-assessee would support the order passed by the CESTAT. Further, he submits that the amendment brought on 13.07.2006 inserting sub-Section (3) to Section 18 of the Act is prospective in nature. Further, learned counsel would submit that Section 28AA of the Act would have no application to the demand made under Section 18 of the Act since, Section 18 (3) of the Act is an independent provision ....
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....n when no claim of total or partial partition is made at the time of making assessment under Section 143 or 144 of the Act, if it is found after the completion of assessment that the family has already effected as partition, total or partial, all the members shall be jointly and severally liable for the tax as payable by the joint family and the tax liable shall be apportioned among the members according to the portion of the joint family property allotted to each of them. The Apex Court was of the opinion that sub-section (6) of Section 171 thus, for the first time, imposed in the case of this kind joint and several liability on the members for the tax assessed on Hindu Undivided family and thus was personal liability as distinguished from....
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.... any indication in the statute itself either specifically or by necessary implication giving retrospective effect to such a statutory provision, we are of the opinion that the same cannot be applied to cases of provisional assessment which took place prior to the said date. Any such application would in our view amount to retrospective operation of the law." 8. Further, in the case of Reliance Industries Ltd., Vs. Union of India 2015 (326) E.L.T.664 (Guj.) at para No.14, it is specifically held that Section 28 of the Customs Act only provides procedural aspects for recovery of duty and is not a substantive provision for levy of duty under the Act. The show cause notice also, accordingly, reveals that the interest on the differential amoun....