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2023 (9) TMI 582 - AT - CustomsEntitlement for interest on refund - department took undue long period of more than 8 years in finalizing the assessment which has caused delay in granting of refund - HELD THAT - In the present case, the assessment was finalized on 29.12.2021 and in pursuance to the final assessment refund was sanctioned to the appellant vide OIO dated 14.03.2022 which is within the time limit of 3 months from the date of final assessment. The original authorities rejected the request of interest and vide impugned order; the Commissioner has also rejected the appeal seeking grant of interest on delayed refund. Further, the appellant was provisionally assessed under Section 18 of the Customs Act. Reference made to the decision of COMMISSIONER OF CUSTOMS VERSUS INDIAN OIL CORPORATION 2012 (1) TMI 31 - DELHI HIGH COURT wherein it has been held by the Hon ble Delhi High Court that in the case of provisional and final assessment, the refund is payable in terms of Section 18 of the Customs Act, 1962. The appellant is entitled to interest if the refund is payable after the expiry of 3 months from the date of final assessment as per Section 18 (4) of the Customs Act whereas in the present case the refund was granted within 3 months as prescribed under Section 18 (4) of the Act. Therefore the appellant is not entitled to any interest in view of the statutory provisions - there are no infirmity in the impugned order - appeal of appellant dismissed.
Issues:
The judgment involves the issue of entitlement to interest on refund, provisional assessment of duty under Section 18 of the Customs Act, 1962, and the applicability of relevant legal provisions and case laws. Entitlement to Interest on Refund: The appellant filed an appeal seeking interest on the refund amount paid during investigation or adjudication proceedings. The appellant argued that the delay in finalizing the assessment, which took over 8 years, should entitle them to interest. They cited various decisions supporting their claim, such as Calcutta Iron & Steel Company vs. CESTAT Chennai and JK Cement vs. CCE & CGST. However, the Departmental Representative contended that interest is payable only if the refund is not granted within 3 months from the final assessment, as per Section 18(4) of the Customs Act. The appellant's reliance on case laws was countered by the respondent, who argued that those judgments were not under provisional assessment as provided under Section 18 of the Customs Act. Provisional Assessment under Section 18 of the Customs Act: The appellant was provisionally assessed under Section 18 of the Customs Act, which allows for provisional assessment of duty under certain circumstances. The final assessment was completed on a later date, and the appellant sought a refund of excess duty paid. The legal provisions of Section 18 were discussed in detail, emphasizing the conditions under which provisional assessment can be made and the subsequent final assessment process. The judgment highlighted that the decisions cited by the appellant were not decided under the provisions of Section 18 read with Section 27(A) of the Customs Act, 1962. Applicability of Legal Provisions and Case Laws: The Tribunal analyzed the relevant legal provisions and case laws to determine the appellant's entitlement to interest on the refund. It was noted that the refund was granted within the prescribed 3-month period from the final assessment, as required by Section 18(4) of the Act. The judgment referenced the decision in CCE vs. IOCL, where it was held that refund in cases of provisional and final assessment is payable in terms of Section 18 of the Customs Act. Based on the statutory provisions and case laws cited, the Tribunal concluded that the appellant was not entitled to interest on the refund. The impugned order was upheld, and the appeal was dismissed. This summary provides a detailed overview of the judgment, focusing on the issues involved, the arguments presented by both parties, the analysis of legal provisions, and the final decision of the Tribunal.
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