2008 (7) TMI 792 - AT - Customs

Summary

Issues:
1. Delay in payment of refund and entitlement to interest.
2. Requirement of bank guarantee for refund.

Analysis:
1. Delay in payment of refund and entitlement to interest:
The appellant filed an appeal against the impugned order, claiming interest on a refund amount due to them. The appellant argued that the refund, sanctioned on 19-6-2003, was handed over much later, justifying their entitlement to interest. The appellant contended that they were made to pay Anti Dumping Duty erroneously, leading to a refund claim and bond execution as per the Supreme Court's direction. However, the lower authorities rejected the interest claim citing the absence of a bank guarantee. The Commissioner (Appeals) upheld the rejection, emphasizing that the delay in issuing the refund was due to the appellant's failure to furnish the required bond and bank guarantee. The Commissioner noted that the appellant's plea of receiving the refund order after two years was unacceptable, as the condition of a bank guarantee was clearly stipulated in the refund order of 19-6-2003.

2. Requirement of bank guarantee for refund:
The Tribunal observed that the condition of the refund order mandated the appellant to execute a bond along with a bank guarantee for the entire refund amount. While the appellant fulfilled the bond requirement, they failed to provide the necessary bank guarantee. The Tribunal highlighted that the appellant did not challenge the bank guarantee condition initially, and therefore, their current argument that the Supreme Court did not insist on a bank guarantee held no weight. The Tribunal concluded that since the appellant did not contest the bank guarantee condition at the outset, they could not raise the issue later. Consequently, the Tribunal upheld the findings of the impugned order, stating that the rejection of the appeal was justified, and thus dismissed the appellant's appeal.

In summary, the Tribunal ruled against the appellant, denying their claim for interest on the delayed refund amount. The decision was based on the appellant's failure to provide the required bank guarantee as stipulated in the refund order, despite executing a bond. The Tribunal emphasized the importance of complying with all conditions of the refund order and upheld the lower authorities' decision to reject the interest claim.