HALGONA RADIATORS PVT LTD Vs. CUSTOMS &AMP

JUDGEMENT

(1.) Heard Mr.R.Rishi Kumar, representing Mr.C.Saravanan, learned counsel for the petitioner and Mr.S.Rajasekar, learned Central Government Standing Counsel for the respondents.

(2.) The petitioner has filed this writ petition challenging the order passed by the Settlement Commission under the provisions of the Customs Act, 1962 (hereinafter referred to as "the Act"). The petitioner is aggrieved by the order passed by the Settlement Commission, particularly by which the Settlement Commission holds that the petitioner is liable to pay simple interest at 15%. The Settlement Commission rejected the claim made by the petitioner by relying upon the decision of this Court in the case of Commissioner of Customs (Sea Port) vs. S.R.F. Limited in W.P.No.39535 of 2002 dated 10.09.2003.

(3.) The argument of the learned counsel for the petitioner is primarily that Section 28AB of the Customs Act, 1962 (hereinafter referred to as "the Act") was inserted for the first time on 20.08.1996, which provides for interest on delayed payment of duty in special cases and admittedly, the petitioner's imports were in February 1994, much prior to the insertion of Section 28AB of the Act and therefore, the levy of interest is without jurisdiction and erred in relying upon the decision in the case of S.R.F.Limited to reject the petitioner's contention.