2022 (1) TMI 171 - AT - Customs

Denial of interest on refund claim - duty which was prayed to be refunded was paid prior to show cause notice of 2011 was issued (within three months of the relevant refund application) - Section 27(1) of Customs Act, 1962 - HELD THAT - When the provisions of Section 27 of Customs Act are applied to the facts of present case it is clear that the duty which was prayed to be refunded was paid prior to show cause notice of 2011 was issued. The order of Original Adjudicating Authority which dropped the impugned demand was passed on 31.08.2018 and application praying for refund was filed on 1.10.2018. The refund in this case was admittedly sanctioned on 22.10.2018. Thus it is clear that refund of Customs duty paid was sanctioned within one month of the application seeking that refund. There is no infirmity in the Order under challenge where interest has not been awarded while sanctioning refund - Bare perusal of section 27 makes it clear that interest has to be given by the department while sanctioning the refund only when the sanction order has been passed after period beyond three months of seeking refund. There is no infirmity in the order under challenge - appeal dismissed.

Summary

Issues Involved:
Denial of interest on the refund claim.

Analysis:
The appeal was filed against the denial of interest on a refund claim related to the import of a new Toyota Land Cruiser. The appellant imported the vehicle, which was later sold to another individual. The Directorate of Revenue Intelligence seized the vehicle, alleging illegal import, and demanded differential duty and interest. The matter went through various adjudication stages until the Tribunal held that the demand of duty was not sustainable as the car was new. The appellant then filed a refund application, which was initially kept pending for de novo adjudication. Upon proper valuation, the refund was allowed without interest, leading to the present appeal.

Legal Provisions:
The entitlement to interest on delayed refunds is governed by Section 27A of the Customs Act, 1962. It stipulates that if duty ordered to be refunded is not refunded within three months from the date of the refund application, interest must be paid at a rate fixed by the Central Government. In this case, the refund of Customs duty was sanctioned within one month of the application, and hence, the denial of interest was deemed justified.

Judicial Analysis:
The Tribunal analyzed the provisions of the Customs Act and noted that interest on refunds is only mandated if the refund is not processed within three months of the application. Since the refund in this case was sanctioned within one month of the application, the denial of interest was upheld. The appellant's argument citing a previous case for interest entitlement was dismissed as the present circumstances did not warrant interest payment. Therefore, the order denying interest on the refund claim was deemed appropriate and the appeal was dismissed.

In conclusion, the Tribunal upheld the decision to deny interest on the refund claim, citing the timely processing of the refund application as the reason for the denial. The legal provisions governing interest on delayed refunds were carefully considered, and the appeal against the denial of interest was dismissed.