SHETRON LIMITED Vs. COMMISSIONER OF CUSTOMS, CHENNAI

JUDGEMENT

(1.) THIS is an appeal filed by M/s. Shetron Ltd., Bangalore against Order -in -Appeal No. C/373/R/2000 -Sea C. Cus. No. 586/2000, dtd. 31 -8 -2000 passed by the Commissioner of Customs (Appeal), Chennai.

(2.) SHRI K. Ramachandran, ld. Advocate appeared for the appellants and Shri M.K. Madhyastha, ld. JDR appeared for the Revenue.

(3.) THE ld. Counsel for the appellants pleaded that in this case 14 refund claims were rejected stating that interest would be applicable on clearances of warehoused goods effected after 12 -5 -1999 irrespective of whether the goods were warehoused prior to 12 -5 -1999 or not. He pleaded that the Central Board of Excise and Customs had issued clarification under Circular No. 62/99 -Cus., dtd. 17 -9 -1999 for charging the interest under Sec. 61 of the Customs Act consequent to the amendment made by Notfn. No. 30/99 -Cus. (N.T.), dtd. 12 -5 -1999 providing for a graded scale of interest in case the goods warehoused under sub -clause (b) of clause (1) of Section 61 of the Customs Act, 1962. This Circular was not considered by the Commissioner (Appeals) while passing the order even though it was produced before him.