2002 (1) TMI 464 - AT - Customs

Summary

Issues:
1. Admissibility of interest under Section 27A of the Customs Act, 1962.

Analysis:
The Appellate Tribunal had remanded the matter to the Commissioner of Customs (Appeals) as the latter had allowed the appeal by the appellants but had not discussed their prayer regarding the payment of interest under Section 27A of the Customs Act, 1962. The Tribunal found that without a discussion on this prayer, it was not possible to determine whether the interest was permissible or not as per the law. Therefore, the Tribunal remanded the matter back to the Commissioner (Appeals) with the direction to pass a speaking appealable order on the prayer of the appellants after giving them an opportunity of hearing.

In response to the Tribunal's order, the Commissioner of Customs (Appeals) passed an order rejecting the plea for payment of interest. The Commissioner observed that the claim for interest was based on Section 27A of the Customs Act, which allows for payment of interest if any duty ordered to be refunded is not refunded within three months. However, in this case, the refund was in respect of a deposit made in compliance with the Customs Act, and the payment of interest under Section 27A did not apply to the refund of the deposit. Therefore, the Commissioner rejected the plea for interest payment.

During the appeal against the Commissioner's order, the representative of the appellants argued that the refund amount had not been sanctioned to them yet. The history of the case revealed that the appellants had not initially claimed interest on the refund amount. The Tribunal noted that since the party had never staked any claim for interest and had only sought the refund amount, the question of interest being admitted or rejected did not arise. The Tribunal suggested that the proper course for the appellants would be to stake a claim for interest as per the law before the original authority. The appellants were advised to claim the amount of interest admissible to them, and the original authority was directed to dispose of the claim by passing a speaking order as per the law.

In conclusion, the appeal was disposed of, emphasizing that the appellants should stake a claim for interest as per the law before the original authority to resolve the issue of interest payment on the refund amount.