2009 (4) TMI 638 - AT - Customs

Entitlement to Interest on refund - refund claim under Section 27 of the Act - hold that - the amount was refundable to the party and they had made request to the Assistant Commissioner in March 2006 but Assistant Commissioner passed the order of final assessment and required them to file refund claim

Summary

Issues involved:
1. Assessment of duty liability on fuel in ships imported for breaking.
2. Refund claim for excess duty paid.
3. Eligibility for interest on refund amount.

Analysis:
1. The case involved the appellants engaged in ship breaking who filed Bills of Entries for ships imported for breaking, leading to disputes over duty liability on fuel. The matter underwent multiple rounds of litigation, with various orders passed and appeals filed over the years.

2. The appellants contended that they had deposited the entire duty amount in 2004, following which their appeal was restored and decided on merits as per the Supreme Court's directions. They argued that the amount should have been refunded to them from the date of the Tribunal's order in 2006. However, the Assistant Commissioner conducted a final assessment in 2006, finding an excess duty payment of Rs. 6,99,747 and directed them to file a refund claim under Section 27 of the Act, a decision upheld by the Commissioner (Appeals).

3. The Tribunal acknowledged the appellants' argument that the refund became due and payable by March 2006 when the assessment order was set aside and the matter remanded. It was held that the appellants were eligible for interest from March 2006. The appeal was allowed, affirming that interest would be payable only on the excess amount of Rs. 6,99,747 from March 2006 onwards, as calculated. The Tribunal ruled in favor of the appellants on this issue, granting them the interest as claimed.

This detailed analysis of the judgment highlights the complex legal journey of the case, the refund claim for excess duty, and the determination of interest eligibility on the refund amount, providing a comprehensive understanding of the legal issues involved and the Tribunal's decision.