JET AIRWAYS I LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner is aggrieved by an order dated 24th January, 2008 requiring the Petitioner to pay a penalty of Rs. 43,50,500/- under Section 46 (3) of the finance Act, 1989 for the contravention of Section 42 (2) of the Finance Act, 1989. The Petitioner is also required to pay interest of Rs. 3,33,598/ -.

(2.) THE penalty and interest demand against the Petitioner have arisen as a result of some delay in depositing an amount of Rs. 2,17,43,397/- by way of inland Air Travel Tax (for short IATT) leviable under the Finance Act, 1989. The delay is for the month of January, 2002.

(3.) ACCORDING to the impugned order passed by the Commissioner of Customs (Appeals), the delay is of 59 days but according to learned counsel for the petitioner the delay is less than 30 days.