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2007 Supreme(Kar) 883

K.L.MANJUNATH, ARALI NAGARAJ
Commissioner of Customs and Central Excise – Appellant
Versus
Jindal Vijayanagar Steel Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. N.R. Bhaskar, Central Govt., for the Appellant
Mr. K.S. Ravishankar, N. Anand, for the Respondent

JUDGMENT

K.L. Manjunath, J.— Though the matter is listed for admission, by consent of parties the appeal is taken up for final hearing.

2. The short and important question that arises for consideration of this Court in this appeal is the actual date to be reckoned for the purpose of calculation of interest leviable under Section 61 of the Customs Act 1962. The respondent M/s Jindal Vijayanagar Steels Ltd., Bellary is manufacturing steel falling under Chapter 72 of Central Excise Tariff Act 1985. Certain goods were imported and enter the territory of India at Chennai Port. Under the supervision of the appellant, the goods were transported to Toranagallu where warehouse is situated and from the warehouse the respondent has to clear the goods.

3. The respondent has paid the duty payable on the warehouse goods under Section 61 of the Act. The appellant levied the interest on the ground that the goods were cleared beyond the period prescribed under Section 61(1) of the Customs Act 1962. The respondent paid the interest demanded by the appellant. Thereafter the respondent preferred four refund claims with the Asst. Commissioner of Central Excise, Bellary, on the ground that the Department h









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