Case Note & Summary
Acts and Sections Discussed: Customs Act, 1962: Section 18(3): Interest on final/re-assessment orders. Section 28: Recovery of duties not levied/short-levied. Section 28AA: Interest on delayed payment of duty. Supreme Court Precedents: Commissioner of Trade Tax, Lucknow v. Kanhai Ram Thekedar. Sales Tax Officer v. Dwarika Prasad Sheo Karan Dass. Factual Matrix: The petitioner (B.V. Jewels) defaulted on paying customs dues confirmed by the CESTAT in 2006. Although partial payments were made following a 2013 Supreme Court order, the interest liability remained unpaid. The petitioner contended against the demand for interest citing procedural lapses and delays in enforcement. Legal Issues: Whether the interest demand under Section 28AA is valid despite being raised years after the initial duty confirmation. Whether the attachment of the petitioner’s factory premises was lawful. Court's Decision: Interest liability under Section 28AA arises automatically upon default. Attachment of the petitioner’s premises was justified due to non-fulfillment of financial liabilities. Dismissed the petition as lacking merit, highlighting procedural delays and lack of substantive grounds. 1. Introduction: Overview of parties and procedural history (Paras 1-3). 2. Petitioner's Contentions: Discharge of liability under Supreme Court’s 2013 order (Para 5). No interest was demanded in the original or appellate orders (Para 7). 3. Respondents’ Defense: Interest demanded per Sections 18(3) and 28AA; no additional notice required (Paras 11-12). 4. Factual Background: Customs violations (Paras 15-19). Supreme Court’s conditional installment order (Para 20). 5. Court’s Observations: Interest liability automatic under Section 28AA (Paras 39-43). Petitioner's contention of compliance contradicted by evidence (Para 32). 6. Conclusion: Petition dismissed; Rule discharged (Para 48). Ratio Decidendi:
1. Interest is an automatic liability: Sections 18(3) and 28AA of the Customs Act impose statutory interest on delayed payment of dues without requiring specific demand notices.2. Procedural compliance essential: Delays and procedural lapses by the petitioner disqualified their claim for relief under equitable principles.3. Doctrine of Finality: Prior rulings by the Supreme Court on related matters bound the petitioner.
Subjects:Customs, interest liability, statutory obligations, enforcement of dues.
Customs Law, Interest on Delayed Payment, Enforcement of Financial Liabilities, Bombay High Court Judgment.
Issue of Consideration: B.V. Jewels Versus Union of India & Ors.
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