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Issues involved: Calculation of interest u/s Section 27A of the Customs Act, 1962 on refund amount; Liability of officers for delay in implementing Tribunal's order.
Calculation of interest u/s Section 27A of the Customs Act, 1962 on refund amount: The Tribunal directed the respondent to return the amount to the applicant with interest at 12%. The Commissioner stated that the entire amount had been paid with interest calculated at 12% from 30-4-97 to 30-6-2003, as per Section 27A which mandates interest payment if duty ordered to be refunded is not refunded within three months from the date of application. The applicant claimed interest from the date of deposit or from the date of the final order. However, the Tribunal held that interest payment till the date of refund was sufficient, citing precedents and provisions under Section 11BB of the Central Excise Act, 1944 and Section 27A of the Customs Act, 1962. Liability of officers for delay in implementing Tribunal's order: Due to delay in implementing the Tribunal's order for refund, the Revenue had to pay interest to the assessee. The Tribunal expressed concern over the burden on public funds due to such delays and recommended an inquiry by the Central Board of Excise and Customs to determine the responsible officers and fix liability. A report on the steps taken in this regard was to be submitted to the Tribunal by a specified date, with a copy of the order sent to the Chairman, CBEC.
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