2022 (8) TMI 1118 - AT - Customs

Interest on refund of pre-deposit - rate of Interest - period of Interest - Section 129EE of the Customs Act - HELD THAT - In view of the precedent decisions, the appellant is entitled to grant of interest under Section 129EE of the Customs Act, for the period from the date of deposit till the date of refund. Reliance can be placed in the case of Reeba Textiles Ltd. 2022 (3) TMI 693 - PUNJAB HARYANA HIGH COURT - the appellant is entitled to interest from 23.09.2015 till the date of grant of refund i.e. 11.03.2021. Rate of Interest - HELD THAT - The interest is payable @12% P.A. following the ruling of Hon ble Supreme Court in SANDVIK ASIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS 2006 (1) TMI 55 - SUPREME COURT wherein refund under the Income Tax Provisions was allowed @12% p.a. Appeal allowed.

Summary

Issues Involved:
- Entitlement to interest, rate of interest, and period of interest under which Section.

Analysis:
The appeal before the Appellate Tribunal CESTAT New Delhi involved the issue of the appellant's entitlement to interest, rate of interest, and the period of interest under a specific section. The appellant, an importer, had a dispute regarding the value of goods imported, leading to a deposit of a differential amount suggested by the Revenue for provisional release. Subsequently, a show cause notice was issued, and an order-in-original was passed confirming proposed duty with penalty and fine. However, the appellant succeeded in their appeal before the Tribunal, resulting in the demand, penalty, and fine being set aside. Following this success, the appellant filed a refund claim seeking the return of the deposited amount along with appropriate interest as per rules.

The Adjudicating Authority initially rejected the claim for interest, granting a refund only for the principal amount deposited. The appellant then appealed to the Commissioner (Appeals), who held that the appellant was indeed entitled to interest under Section 27A of the Customs Act. The Commissioner allowed interest on the refund for a specific period, considering the provisions of Section 27A. Dissatisfied with the limited interest granted, the appellant approached the Tribunal seeking a more favorable decision.

During the hearing, the appellant's counsel argued that interest should be granted as per Section 129EE of the Customs Act, emphasizing that upon success in appeal, the pre-deposit amount should be refunded with interest from the date of deposit until the date of refund. The counsel relied on previous rulings of the Tribunal and higher courts to support their contention regarding the entitlement to interest on the deposited amount.

After hearing both parties, the Tribunal considered the precedent decisions and ruled in favor of the appellant. The Tribunal held that the appellant was entitled to interest from the date of deposit till the date of refund, specifically from 23.09.2015 to 11.03.2021. Additionally, the Tribunal determined the rate of interest payable at 12% per annum, citing a ruling of the Hon'ble Supreme Court in a relevant case. Consequently, the Tribunal allowed the appeal, granting the appellant the interest as sought.

In conclusion, the Tribunal's judgment clarified the appellant's entitlement to interest, the applicable rate of interest, and the period for which interest should be paid, resolving the dispute in favor of the appellant based on legal provisions and previous judicial decisions.