M/S.Chemsilk Commerce Pvt.Ltd vs Cc(Port), Kol on 5 November, 2015
Therefore, in case
of provisional assessment being finalized, Section 28AB is not
applicable. When Government realized that there should be a provision
of interest even in case of provisional assessment when it is finalized a
specific provision by inserting sub Section (3) was made in Section 18
of the Customs Act, 1962. Therefore, we are in agreement with the Ld.
Commissioner (Appeals) who set aside the demand of interest for the
period prior to 13.07.2006. This issue has also been dealt with by this
Tribunal in the case of Chemsilk Commerce (P) Ltd. vs CC Kolkata,
wherein it was held that in case of provisional assessment the interest
was not chargeable prior to 13.07.2006. Accordingly, we do not find