2007 (3) TMI 517 - AT - Customs

Summary

Issues:
1. Correct classification of imported goods for duty assessment.
2. Rejection of refund claim by authorities.
3. Entitlement to interest on delayed refund payment.

Issue 1: Correct classification of imported goods for duty assessment

The case involved an importer who had imported hydraulic pump motors in 1983, classified under CTH 84.03 but contended it should be CTH 84.10. The Collector of Customs (Appeals) in 1994 decided the correct classification was CTH 84.10, ordering consequential relief.

Issue 2: Rejection of refund claim by authorities

The appellants filed refund claims for excess duty paid, initially rejected in 1994 but allowed by the Commissioner (Appeals). A subsequent refund claim was rejected in 1995 but later directed to be implemented by the Commissioner (Appeals).

Issue 3: Entitlement to interest on delayed refund payment

The appellants sought interest on the delayed refund payment from 1984 to 1999. The Commissioner of Customs (Appeals) rejected their claim for interest, citing the absence of provisions for interest before 1995. The appellants argued for interest based on delays and cited case law examples.

The Tribunal analyzed the case records and submissions, noting that High Court decisions on interest for delays were based on equitable jurisdiction, not statutory provisions. They also found the cited Tribunal decision insufficient for reliance. The introduction of Section 27A in the Finance Act 1995 provided for interest on delayed refunds, applicable from the date of the President's assent to the Act.

As the appellants' refund claim was pending when Section 27A came into force, the order allowing their refund was deemed under Section 27(2) of the Act. The Tribunal held that the appellants were entitled to interest under Section 27A from beyond three months of the President's assent to the Finance Act 1995. Therefore, the appellants were eligible for interest from 26-8-95 to 27-7-99 when the refund was made, and the appeal was allowed in part.

The Tribunal pronounced the decision on 29-3-2007, granting the appellants interest on the delayed refund payment as per Section 27A, starting from August 26, 1995, until the refund was made in July 1999.