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2000 Supreme(SC) 612

R.C.LAHOTI, S.RAJENDRA BABU
Commissioner Of Customs, Chennai – Appellant
Versus
Jayathi Krishna And Company – Respondent


S.RAJENDRA BABU, J.

(1) THE question raised in this appeal is one relating to payment of interest on certain goods which had been warehoused.

(2) THE contention putforth is that warehousing period having expired on 4-1-97 that is the relevant date for computing duty, and therefore, interest will have to be paid by the respondent on that amount. The respondent obtained the benefit of the DEEC Scheme under which it was not liable to pay duty at all, but did so after 4-1-1997. The Commissioner did not agree with the contention putforth on behalf of the respondent that it was not liable to pay any interest and on the matter being carried to the Tribunal it was held that the DEEC Scheme having been made applicable to the goods in question, the question of payment of interest could not arise at all and the Tribunal relied upon a decision of this Court in Pratibha Processors v. Union of India, (1996) 88 ELT 12 : (1996 AIR SCW 4299 : AIR 1997 SC 138). In that decision it is held that interest on warehousing goods is merely an accessory to the principal and if the principal is not payable, so is the interest on it. Thus interest under Section 61 (2) of the Custo

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