Navayuga Engineering Co. Ltd. vs Union Of India-2024 INSC 547- Customs Act

Customs Act, 1962; Section 124,125,28,28AB- The owner of goods has a liability to pay customs duty, even after confiscated goods are redeemed after payment of fine under Section 125 of the Act. Furthermore, when confiscation proceedings are initiated under Section 124 of the Act, the obligation to pay duty and other charges under Section 125 will arise only when the owner of goods exercises the option to pay fine for redemption of goods and the Department accepts it. Liability to pay customs duty in such confiscation proceedings under Section 125(2) is distinct from the assessment and determination of duty, which can rise only under Section 28. The duty liability arising under Section 125(2) must be assessed under Section 28 – Once Section 28 applies for determination of duty, interest on delayed payment of duty under Section 28AB follows. (Para 1)

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