2011 (7) TMI 691 - HC - Customs

Refund - Demand - Rule 41 of the Customs, Excise & Service Tax Appellate Tribunal (procedure) Rule 1982 - Interest for delayed refund - Learned counsel for the assessee raised preliminary objection pointing out that this appeal preferred under Sec.130 of the Customs Act, 1962 is not maintainable as no appeal lies against the said interlocutory order - Decided in favor of the assessee

Summary

Issues:
Challenge to order for payment of interest on delayed refund; Maintainability of appeal under Sec.130 of the Customs Act, 1962 against an interlocutory order.

Analysis:
The judgment involves a challenge by the Revenue against an order passed by the Customs, Excise & Service Tax Appellate Tribunal, South Zonal Bench, Bangalore, directing the payment of interest on a delayed refund. The duties were collected in 2004 and 2006 based on an Order-in-Original from 30.08.2005, which was later challenged by the assessee. The Tribunal allowed the appeal, leading to the refund of Rs.5,92,95,045 after 244 days. The assessee then filed for interest under Rule 41, which was granted. The Revenue appealed this decision, contending that the appeal under Sec.130 of the Customs Act, 1962 was not maintainable against an interlocutory order. The Bombay High Court's Division Bench clarified that such an appeal must be from an order passed by the Tribunal in appeal after July 1, 2003, and involve a substantial question of law. In this case, the order in question was from a miscellaneous application under Rule 41, not an appeal under Section 129A, thus not amenable to appeal under Sec.130. The Court concurred with this interpretation, leading to the dismissal of the appeal on the grounds of non-maintainability.

This judgment highlights the importance of understanding the scope of appeal under Sec.130 of the Customs Act, 1962. It establishes that appeals must be from orders passed by the Tribunal in appeal after a specific date and involve substantial questions of law. The ruling emphasizes the distinction between orders passed in appeal and those from miscellaneous applications, underscoring that the latter are not subject to appeal under Sec.130. This decision provides clarity on the types of orders that are appealable under the Customs Act, ensuring adherence to the statutory framework and preventing challenges to non-appealable interlocutory orders.