2017 (10) TMI 1203 - AT - Customs

Interest on delayed refund - Section 27A of the Customs Act, 1962 - Held that - the appellant/applicant herein are entitled to interest, on the amount deposited, under the provisions of Section 129E, read with 129EE of the Customs Act, 1962 @ 6% per annum, is hereby allowed, for the period from the date of filing of the appeal till the date of grant of refund - application disposed off.

Summary

Issues involved:
1. Entitlement to interest on the deposited amount under Section 129E and 129EE of the Customs Act, 1962.

Analysis:
The case involved a dispute regarding the entitlement to interest on the deposited amount by the appellant. The Tribunal had previously directed the refund of the amount with interest, but the Assistant Commissioner did not address the issue of interest in the refund order. The appellant filed a Miscellaneous Application under Rule 41 of the CESTAT (Procedure) Rules, 1982, seeking clarification on the interest issue. The appellant argued that their case did not fall under Section 27A, as their appeal was filed before the substituted Section 129E came into effect. They claimed entitlement to interest under Section 129EE, which provides for interest on the refunded amount at a rate fixed by the Central Government. The appellant also cited Notification No.17/2014-CE(NT) prescribing interest at 6% per annum under Section 129EE.

The appellant further relied on a ruling by the Hon'ble Gujarat High Court in a similar case, emphasizing that the amount deposited should be considered a deposit until the adjudicating authority's order is confirmed. The High Court's ruling highlighted that until then, it cannot be considered as duty. After hearing the arguments, the Tribunal clarified that the appellant was indeed entitled to interest on the deposited amount under Section 129E and 129EE of the Customs Act, 1962, at a rate of 6% per annum. The Tribunal modified its previous order to include the entitlement to interest and directed the Assistant Commissioner to grant the interest to the appellant within 30 days from the date of the order.

In conclusion, the Tribunal disposed of the Miscellaneous Application, affirming the appellant's entitlement to interest on the deposited amount under the specified sections of the Customs Act. The decision clarified the appellant's rights and directed the Assistant Commissioner to comply with the order to grant the interest within a specified timeframe.