2010 (8) TMI 225 - AT - Customs

Interest on delayed payment of drawback - dispute relating to the effective date for interest payable on the delayed draw back can be dealt with by the Tribunal though the same arises out of OIA passed by the Commissioner (Appeals) - the triplicate copy of the shipping bill filed by the appellants constitute draw back claim and therefore the interest has to be sanctioned after expiry of one month from the date of Let Export in respect - Appeals allowed

Summary

Issues:
- Dispute over interest payment date on drawback claims

Analysis:
The appeals were filed against the order of the Commissioner (Appeals) regarding the payment of interest on drawback claims. The appellants exported goods and filed shipping bills, which were examined and cleared for export. A dispute arose regarding the actual export of goods, which was settled by a previous Tribunal order. The appellants claimed interest on drawback claims from the date of Let Export order, while the authorities calculated interest from the date of the Tribunal's order. The appellants argued that the shipping bills themselves constituted the drawback claims, which were settled in their favor by the Tribunal. The department had accepted the Tribunal's order and sanctioned the drawback claims but disputed the interest payment date.

The Tribunal heard arguments from both sides. The appellants contended that the interest should be calculated from the Let Export order date, citing a change in Drawback Rules through a notification. The department argued that the appeal on interest payment could not be entertained as per Section 129A(1), relying on a previous Tribunal decision. The appellants distinguished their case from the precedent cited by the department, emphasizing that the current dispute was solely about the interest payment date, not the drawback claim itself.

The Tribunal, after reviewing the submissions and records, noted that the previous Tribunal order had resolved the drawback claim issues in favor of the appellants, who had already received part of the interest payment. The dispute centered on the effective date for interest payment on delayed drawback claims. The Tribunal agreed with the appellants that the facts of their case differed from the precedent cited by the department. It was determined that interest should be sanctioned after one month from the Let Export date for each consignment, considering the shipping bills as the drawback claims. The Tribunal found the Commissioner's reliance on outdated instructions inappropriate and allowed the appeals with consequential relief as per law.

In conclusion, the Tribunal ruled in favor of the appellants, allowing the appeals and directing the department to provide the consequential relief in accordance with the law.