2005 (3) TMI 580 - AT - Customs

Summary

Issues:
1. Justification for enhancement of the value of VCRs.
2. Application for refund filed by importers.
3. Application for rectification of mistakes by Revenue.
4. Payment of interest on delay in refund.

Analysis:

1. The Tribunal initially held in Final Order Nos. 919-920/2000-A that there was no justification for enhancing the value of the VCRs, allowing the appeals with consequential refund. Subsequently, the Revenue filed an application for rectification, asserting that the Tribunal had not considered the licensing angle. The Tribunal accepted the plea, allowing the application via Misc. Order No. 61/2001-A. Final Order Nos. 272-273/04/NB-A, dated 31-3-2004, was passed in favor of the importers after considering the licensing angle alongside valuation, thereby resolving the issue comprehensively.

2. Following the Tribunal's decision, the refund of duty was made by the Revenue authorities. The importers then sought payment of interest citing a delay in the refund process. The learned SDR opposed the prayer, contending that since the duty amount was refunded within six months from the Final Order, there was no delay warranting interest payment.

3. The Tribunal, however, disagreed with the Revenue's stance, emphasizing that the refund stemmed from the decision on valuation, with the licensing angle being relevant for fine and penalty considerations. Given that the valuation aspect, crucial for the refund claim, was settled in November 2000, a delay in refund was acknowledged. Consequently, the Tribunal accepted the applicants' plea for interest payment and directed the payment of interest at a rate of 12% after three months from the date of the Final Order. The Tribunal mandated the interest payment to be completed within eight weeks from the decision date, with compliance to be reported by a specified deadline.