ORDER
C. Satapathy, Member (T)
1. Heard both sides. These two appeals involve ex-bond clearances in respect of which interest has been charged under Section 47 for the delay in payment of duty in respect of ex-bond bills of entries. It is the contention of the appellants that these clearances have been made under Section 68 of the Customs Act, 1962 since the impugned goods were warehoused in the first instance. They further contend that the warehoused goods would be governed by the Section 61 under which, if the goods remained beyond the normal period of warehousing, interest is chargeable at a rate specified in Section 47. They further contend that only the rate in Section 47 has to be applied but not the provision of Section 47 as such which is applicable to goods which are cleared for home consumption.
2. I have heard Shri M.H. Sheikh, learned JDR for the department.
3. In view of the fact that the impugned goods were initially warehoused and subsequently cleared by filing ex-bond bills of entries under Section 68, provisions of Section 47 including charging of interest for delayed payment of duty under the said section cannot be applied to such goods. It is not the case of the department that any interest is payable on these goods under Section 61 which is applicable to the warehoused goods. As such, the impugned orders passed by the lower authorities cannot be sustained and the same are set aside and the appeals are allowed.