2014 (5) TMI 675 - AT - Customs

Implementation of the order by Tribunal - Interest on refund claim - Held that - On a specific query made to the applicant that under which Rule he is claiming interest, for which the applicant has failed to answer. In these circumstances, I hold that the adjudicating authority has implemented the order passed by this Tribunal dated 25.04.2013. Therefore, the application filed by the applicant deserves no merit - Decided against assessee.

Summary

Issues: Implementation of Tribunal's order for refund of redemption fine and penalty with interest.

Analysis:
The judgment concerns an application for the implementation of a final order passed by the Tribunal dated 25.04.2013. The applicant sought interest on the refund of redemption fine and penalty, as per the Tribunal's order. The adjudicating authority had refunded the principal amounts but did not pay any interest, citing the absence of a specific rule mandating interest payment on redemption fine and penalty.

During the hearing, the applicant argued that since the Tribunal had granted interest as per rules, the department should comply with the order promptly. The applicant contended that money deposited in the bank accrues interest, and businesses earn profits, justifying their entitlement to interest on the redemption fine and penalty.

The Tribunal examined the submissions and the written arguments provided by the applicant. However, when asked to specify the rule under which interest was claimed, the applicant failed to provide a satisfactory response. Consequently, the Tribunal concluded that the adjudicating authority had correctly implemented the Tribunal's order from 2013. As a result, the Tribunal found no merit in the application for interest and dismissed it accordingly.