BISCO LIMITED Vs. CC

JUDGEMENT

(1.) THIS appeal arises from the order dated 28 April, 2005 passed by the Commissioner of Customs & Central Excise, Indore.

(2.) THE Commissioner of Central Excise, Indore, by its order dated 31st December, 2002 had confirmed the demand for duty amounting to Rs. 3,99,255/ - and penalty of Rs. 3,00,000/ - against the appellants. The matter was carried in Appeal No. 99/2003 before the Tribunal and by order dated 6 October, 2003 it had set aside the said order of the Commissioner and remanded the matter for fresh adjudication after taking into consideration all the materials on record, while allowing the parties to produce whatever evidence they wanted to produce in support of their contentions. Accordingly, by the impugned order, the Commissioner of Central Excise has confirmed the demand of duty to the tune of Rs. 3,99,255/ -, has directed payment of interest in terms of Section 28 -AB of the Customs Act, 1962, and has ordered confiscation of the imported goods to the tune of 264 packages in number valued Rs. 48,79,776/ - seized from the premises other than approved warehouse were confiscated under Section 111 of the Customs Act, 1962 while giving option for redemption on payment of fine of Rs. 2,00,000/ -. Further, the demand for customs duty to the tune of Rs. 39,03,821/ - has also been confirmed under Section 71 read with proviso to Section 28A of the Customs Act, 1962 and the appellant has been directed to pay interest amounting to Rs. 18,88,425/ - on 264 packages from the date of warehousing till date of detection of the shortage in terms of Section 71, and further interest on the duty in terms of Section 28 -AB of the Customs Act, 1962 from the date of enforcement of the said Section till the date of actual payment of duty and penalty of Rs. 1,00,000/ -.

(3.) IN the course of hearing of the matter, the only point which was canvassed on behalf of the appellants was that, bearing in mind the decision of the Apex Court in the case of Simplex Castings Ltd. v. Commissioner of Customs, Vishakhapatnam and the -Cus -VII dated 12.07.1998, the Respondent could have levied the duty in terms of Section 15(1)(c) and not in terms of Section 15(1)(b) of the Customs Act, 1962, whereas the contention is sought to be refuted by the Respondent while placing reliance in the decisions of the Apex Court in the matters of Kesoram Rayon v. Collector of Customs Calcutta and Commissioner of Central Excise, Bolpur v. Ratan Melting & Wire Industries while drawing our attention to the . Dated 14.08.1997.