2008 (8) TMI 680 - AT - Customs

Issues Involved:
1. Denial of interest on the refund amount.
2. Adjustment of the refund amount against a demand.
3. Delay in the finalization of provisional assessment and refund.
4. Applicability of Section 27A of the Customs Act for interest on delayed refunds.

Detailed Analysis:

1. Denial of Interest on the Refund Amount:
The primary issue in this case is the denial of interest on the refund of Rs. 58,90,594/- paid to the appellants on 30-7-2002. The appellants argued that they were entitled to the refund from 1-10-2000, following the Order of the Commissioner (Appeals) which directed the Original Adjudicating Authority to finalize the provisional assessment accepting the transaction value and sanction the consequential refund immediately.

2. Adjustment of the Refund Amount Against a Demand:
The appellants contended that the adjustment order was incorrect as they had time to file an appeal and obtain a stay. The adjustment of the refund amount against a demand confirmed by the Commissioner was made on 22-12-2000, while the order was passed on 24-11-2000. The appellants had filed a writ petition against this adjustment order, which is still pending before the Hon'ble High Court of Gujarat. The Commissioner (Appeals) dismissed the appeal on the ground that the adjustment order was not challenged and thus attained finality.

3. Delay in the Finalization of Provisional Assessment and Refund:
The appellants provided a detailed synopsis of dates and events, highlighting the significant delays at various stages, including the finalization of provisional assessment, consideration of the refund claim, and payment of the same. Despite the Commissioner (Appeals) allowing the appeals and directing the refund of the Revenue Deposit (RD) amount in June 2000, the Customs authorities delayed the refund, leading the appellants to approach the Hon'ble Gujarat High Court multiple times.

4. Applicability of Section 27A of the Customs Act for Interest on Delayed Refunds:
The Tribunal examined the legal provisions under Section 27A of the Customs Act, which mandates interest on delayed refunds if the duty ordered to be refunded is not refunded within three months from the date of receipt of the application. The Tribunal found that the order of the Commissioner (Appeals) directing the finalization of provisional assessment and refund of the deposit should be treated as an order under Section 27(2) of the Customs Act. Therefore, interest becomes payable from three months after the date of the Commissioner (Appeals)' order, i.e., from 30-10-2000.

Conclusion:
The Tribunal concluded that the adjustment of the refund amount against the demand was incorrect as the Departmental officers were required to wait for the appeal period to be over before taking coercive steps for recovery. The interest on the delayed refund was payable from 30-10-2000, three months from the date of the Commissioner (Appeals)' order. The appeal was allowed with consequential relief to the appellants, confirming their eligibility for the interest claimed up to 30-7-2002.

(Dictated and Pronounced in Court)

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