2013 (10) TMI 454 - AT - Customs

Interest on deposit - Whether the interest is required to be paid to the importer from the date of deposit made by them during the period of investigation or from the date of the Tribunal s order when the relief was granted to the importer for the first time - Held that - interest would be payable after the expiry of period of three months from the date of filing refund application as consequent of order of appellate authority in favour of the assessee. - Interest not allowed from the date of deposit. - Decided partly in favor of revenue. Equality between the Government and Citizen - rate of interest on refund @6% and on Demand @12% - Held that - such an issue cannot be raised before the Tribunal who is working within the four corners of the Act - Decided against the assessee. Claim of Interest on interest - in Shri Jagdamba Polymers Ltd. vs. Union of India 2013 (6) TMI 88 - GUJARAT HIGH COURT , HC directed interest on delayed payment - appellant claimed the similar benefit in its case - Held that - Inasmuch as the Tribunal works within the provisions of Customs Act, 1962, we have no jurisdiction to order interest on interest - Decided against the assessee.

Summary

Issues:
1. Claim of exemption under Notification No.26/2000-Cus
2. Entitlement to interest on refund amount
3. Rate of interest on delayed payment
4. Jurisdiction to order interest on interest

Claim of Exemption under Notification No.26/2000-Cus:
The respondent imported bakery shortening and filed a bill of entry to claim exemption under Notification No.26/2000-Cus. The Directorate of Revenue Intelligence (DRI) found a lapse, leading to non-extension of the exemption. The goods were released provisionally on execution of a Personal Bond for the differential duty amount. The Tribunal's Final Order favored the importer, granting a refund of the deposited amount.

Entitlement to Interest on Refund Amount:
The dispute centered on whether interest should be paid from the date of deposit during the investigation or from the date of the Tribunal's order granting relief. The Commissioner (Appeals) ruled in favor of interest from the deposit date, but the Revenue appealed. Citing precedents, the Tribunal held that interest accrues after three months from the refund application date. As the refund was granted with a delay, interest was payable from the expiry of the three-month period.

Rate of Interest on Delayed Payment:
The importer contended for interest equality with the government's rate, but the Tribunal clarified its jurisdiction within the Customs Act, not allowing such claims. Additionally, the Tribunal lacked authority to order interest on interest, as highlighted by a Gujarat High Court case. The Tribunal emphasized adherence to statutory provisions and rejected the claim for interest on delayed interest.

Jurisdiction to Order Interest on Interest:
The Tribunal reiterated its limited jurisdiction under the Customs Act, precluding the ordering of interest on interest. The Tribunal upheld the Revenue's appeal partially, allowing interest as per the statutory provisions and rejecting the cross objections raised by the importer.

In conclusion, the judgment resolved the issues surrounding the exemption claim, entitlement to interest, rate of interest on delayed payment, and jurisdictional limitations regarding interest on interest. The Tribunal's decision clarified the applicable interest timeline and underscored adherence to statutory provisions within the Customs Act, leading to the partial allowance of the Revenue's appeal and the rejection of the importer's cross objections.