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Issues involved:
Quantum of interest in terms of Section 61(2) Clause 2(ii) of Customs Act, 1962. Analysis: 1. Quantum of Interest Calculation: The issue in this appeal revolves around the calculation of interest under Section 61(2)(ii) of the Customs Act, 1962. The appellant contended that the interest rate cannot exceed the rate fixed under Section 47, which was 15% during the relevant period. However, the authorities charged interest at 24% per annum as per Notification No. 10/2001-Cus. The appellant paid the interest but later sought a refund based on the argument that the rate exceeded the limit set by Section 47. 2. Decision of the Commissioner (Appeals): The Commissioner (Appeals) rejected the appellant's plea, emphasizing that the interest rate specified in Section 47 was 30%, not 15% as claimed by the appellant. The Commissioner clarified that the rate of interest under Section 61(2)(ii) should not exceed the rate specified in Section 47, which was 30%. The Commissioner upheld the calculation of interest at 24% by the Department, citing Circular No. 68/2002 as the relevant guideline followed by the lower authority. 3. Challenging the Notification and Tribunal's Decision: The Tribunal, while upholding the Commissioner's decision, noted that challenging the quantification of interest essentially meant challenging the notification issued by the Board under Section 61. The Tribunal highlighted that the appellant could not challenge the notification directly before the Tribunal and should explore other avenues if aggrieved by the fixation of the interest rate. Additionally, the Tribunal pointed out that the issue had already been decided by the Board, and the 24% interest rate fell within the permissible range under Section 47. Consequently, the Tribunal found no merit in the appeal and dismissed it. In conclusion, the Tribunal affirmed the calculation of interest at 24% per annum based on the provisions of Sections 47 and 61 of the Customs Act, 1962, and rejected the appellant's claim for a refund. The decision underscored the importance of understanding the statutory framework governing interest rates and the limitations on challenging notifications issued by the Board.
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