2013 (8) TMI 166 - AT - Customs

Eligibility for refund stay application - assesses were contesting the issue on merit as eligible for refund under SEZ they had deposited the entire amount of duty liability confirmed by the lower authorities - but had not deposited the amount of interest Held that - Assesses had deposited entire amount of duty liability - the said amounts to be considered as enough deposit for hearing and disposing the appeal stay petition for waiver of pre deposit of valance amount waived off decided in favor of assessee.

Summary

Issues:
Refund of special additional duty, recovery of erroneous refund, payment of interest, waiver of pre-deposit

Refund of Special Additional Duty:
The issue involved in the cases was regarding the refund of special additional duty. The appellants had filed refund claims which were initially sanctioned by the adjudicating authority. However, the Revenue later appealed against these refund orders before the first appellate authority, which set aside the refund orders. The assessees then appealed to the Tribunal, which remanded the matters back to the adjudicating authority for reconsideration. During this period, lower authorities issued demands for the recovery of the erroneous refunds, which were confirmed in adjudication proceedings. The first appellate authority upheld these demands in the impugned orders. The appellants had already deposited the entire amounts of the refund, with only the question of payment of interest remaining.

Payment of Interest:
Upon perusal of the records, it was found that all the appellants had deposited the entire amount of duty liability confirmed by the lower authorities but had not deposited the amount of interest. The appellants were contesting the issue on the merit as eligible for refund under SEZ. Since the appellants had already deposited the entire duty liability amount, it was determined that these amounts could be considered as sufficient for the hearing and disposal of the appeals.

Waiver of Pre-Deposit:
Considering the circumstances and the fact that the appellants had already deposited the entire amount of duty liability, the Stay Petitions for the waiver of pre-deposit of the balance amounts involved were allowed. Recovery of the balance amounts was stayed until the disposal of the appeals.

This judgment by the Appellate Tribunal CESTAT Ahmedabad addressed the issues related to the refund of special additional duty, recovery of erroneous refund, payment of interest, and the waiver of pre-deposit. The Tribunal found that the appellants had already deposited the entire duty liability amount but had not paid the interest. As the appellants were contesting the issue on its merits, the Tribunal allowed the Stay Petitions for the waiver of pre-deposit of the balance amounts involved and stayed the recovery until the appeals were disposed of.