2024 (12) TMI 416

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....br>Dated:- 28-10-2024<br>W. A. No. 2310 of 2013 And MP. No. 1 of 2013 - -<br>Customs<br>Honourable Dr. Justice Anita Sumanth And Honourable Mr. Justice G. Arul Murugan For the Appellants : Mr. K. Srinivasamurthy Senior Panel Counsel For the Respondents : Mr. A.P. Srinivas (for R2 & R3) Senior Standing Counsel, No Appearance (for R1) JUDGMENT DR. ANITA SUMANTH, J. The present writ ap....

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....ad defaulted in achieving the export target and the bank guarantee executed by the petitioner was thus enforced. 4.The petitioner was issued a show cause notice calling upon it to remit the differential duty on the import of the machineries originally imported on concessional rate. Inter alia, there was also a stipulation for interest at the rate of 24%. The petitioner has remitted the duty in ....

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....with the demand, settling the same in full. 7.In the counter filed by the Customs Department, they rely upon Circular No.131/95-CUS, dated 20.12.1995, which refers to the levy of interest in the event of non-fulfilment of export conditions by the petitioner. The writ petition has ultimately come to be allowed referring to orders passed by the writ Court in other cases to the effect that there c....

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.... the Bond has come up for consideration in matters both before the Supreme Court in Rexnord Electronics and Controls Limited v. Union of India and others [(2008) 12 SCC 156] as well as this Court. The Supreme Court, considering an identical question as arising in this matter, has crystallised the issue, as to whether the term &#39;interest&#39; will include within its fold interest payable under t....