2009 (4) TMI 165 - AT - Customs

Interest on delayed refund Interest allowed from the date of passing of Tribunal s order on 26-8-04 till the date of payment of refund to the appellant

Summary

Issues:
1. Final assessment order challenge before Commissioner (Appeals) and Tribunal.
2. Refund of duty recovered by Revenue.
3. Interest on refunded amount dispute.

Analysis:
1. The appellant imported a vessel for breaking, with a provisional assessment in July 1999. The final assessment confirmed differential duty, which was recovered by encashing a bank guarantee in 2001. The Commissioner (Appeals) rejected the challenge to the final assessment, but the Tribunal allowed the appeal in 2004. The appellant sought the duty refund, leading to a series of orders and appeals involving the Assistant Commissioner, Commissioner (Appeals), and Tribunal. Ultimately, the Assistant Commissioner sanctioned the refund, which was refunded to the appellant.

2. The dispute arose regarding the interest on the refunded amount. The Assistant Commissioner did not grant interest, citing the timely filing of the refund application. The Commissioner (Appeals) remanded the issue of interest back to the Assistant Commissioner, who again held no interest was payable. The Commissioner (Appeals) confirmed this decision, prompting the appellant to challenge it.

3. The main issue in the appeal was the grant of interest on the refunded amount. The Tribunal noted the circulars requiring refunds within three months of the order and eligibility for interest if not done so. The authorities denied interest based on the finality of a previous order, but the Tribunal found that the previous order had been challenged and merged with its decision. The Tribunal held that interest should have been allowed within three months of its order in favor of the appellant. The appeal was allowed, directing the Revenue to calculate and pay the interest within three months from the Tribunal's order date.

This comprehensive analysis covers the challenges, appeals, and decisions leading to the final judgment regarding the refund of duty and the dispute over interest on the refunded amount.