2005 (9) TMI 151 - AT - Customs

Summary

Issues Involved:
1. Refund of Rs. 10.00 crores deposited as security.
2. Interest on the refunded amount.
3. Cancellation and return of the bond of Rs. 50.00 crores.
4. Unjust enrichment.
5. Dereliction of duty by customs officers.
6. Legal actions against the Assistant Commissioner's order.

Detailed Analysis:

1. Refund of Rs. 10.00 crores deposited as security:
The applicants sought a refund of Rs. 10.00 crores deposited as security before any Show Cause Notice or duty confirmation. This deposit was made pursuant to a Bombay High Court order for the provisional release of an oil rig seized by customs. The Tribunal found no reason to withhold the refund after its order setting aside the Commissioner's confiscation order, which was upheld by the Supreme Court. Thus, the Tribunal directed the return of the Rs. 10.00 crores.

2. Interest on the refunded amount:
The applicants requested interest on the Rs. 10.00 crores from the date of deposit. The Tribunal referenced several case laws, including Kandhari Beverages Ltd v. Union of India, Calcutta Paper Mills Mfg. Co. v. CEGAT & Ors., and others, which supported the award of interest on amounts wrongfully retained by the authorities. The Tribunal concluded that the applicants were entitled to interest on the Rs. 10.00 crores from the date of deposit.

3. Cancellation and return of the bond of Rs. 50.00 crores:
The applicants also requested the cancellation and return of the bond of Rs. 50.00 crores. The Tribunal found that there was no justification for withholding the bond after the Tribunal's and the Supreme Court's orders. Therefore, the Tribunal directed the cancellation and return of the bond.

4. Unjust enrichment:
The Assistant Commissioner of Customs rejected the refund application on grounds of unjust enrichment. The Tribunal did not pass orders on this aspect as the order was not under appeal before it. However, it observed that the principle of unjust enrichment could not be invoked in this case involving a lease agreement for oil drilling operations with ONGC, as the value and duty of the imported goods had no relationship with the lease amounts.

5. Dereliction of duty by customs officers:
The Tribunal noted the customs officers' failure to respond to the applicants' repeated requests for a refund and their delay in returning the deposit and bond. It concluded that this conduct indicated a clear dereliction of duty. The Tribunal directed that a copy of its order be sent to the Chairman of CBEC to implement the recovery of costs from the concerned officers for incurring uncalled-for interest liability.

6. Legal actions against the Assistant Commissioner's order:
The Tribunal found the Assistant Commissioner's order dated 2-9-2005 rejecting the refund application to be a mala fide document devoid of merits. It suggested that the applicants take appropriate legal action against this order and recommended that the Commissioner of Customs consider filing an appeal against it.

Conclusion:
The Tribunal directed the return of Rs. 10.00 crores with interest, the cancellation and return of the bond of Rs. 50.00 crores, and recommended actions against the customs officers for dereliction of duty. The applications were disposed of in these terms.