- (1.) Heard the learned Counsel for the parties. Question arises in the appeal with respect to the payment of duty and interest imposed by Commissioner of Customs (Port), Kolkata vide order dated 9.11.2010. By the said order, the appellant was directed to pay the duty of Rs. 2,05,74,890/- along with interest at the rate of 24%/15% per annum from the date of clearance of the goods till the date of payment under section 28 of the Customs Act, 1962 in terms of the conditions of the notification dated 05.06.1995.
(2.) The aforesaid order passed by the Commissioner of Customs (Port) has been questioned before the learned Customs, Excise and Service Tax Appellate Tribunal under section 129E of the Customs Act. The same has been dealt with by the order dated 3.9.2012 passed by the CESTAT. The CESTAT has ordered 75% of waiver and has directed 25% of the amount of duty to be deposited by 4.2.2013. The order has been upheld by the learned Single Judge. Hence, the intra-Court appeal has been preferred.
(3.) Shri Bhaskar Sen, learned Senior Counsel appearing on behalf of the appellants has submitted that it is a case where the goods have been imported during the validity period of the import licence. Thus, when the shipment of the goods have been completed during the validity period of the import licence, import was over and as such, the presentation of the bill of entry was not material and could have been made subsequently. Its presentation after the expiry of the validity period of import licence could not have been made a ground to charge higher duty and the direction of pre-deposit of 25% of the said amount was unjustified. It was also submitted that the recovery was barred by limitation and there will be undue hardship caused as the company has been declared sick by BIFR.;