9911796707
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Issues:
1. Entitlement to interest on refunded amount. 2. Applicability of doctrine of equity and fair play. 3. Exercise of inherent powers by the Tribunal. 4. Justification for the grant of costs. Detailed Analysis: 1. Entitlement to Interest on Refunded Amount: The applicant sought interest on the refunded amount at the rate of 18% per annum, citing previous judgments supporting the payment of interest in cases of money illegally collected by excise authorities. The advocate argued that the applicant should receive interest as a matter of justice and fairness. However, the Tribunal noted that interest has been allowed by High Courts under Article 226 of the Constitution, not under the Customs Act, 1962. The respondent argued that the Customs Act does not provide for the payment of interest, citing a Bombay High Court judgment that interest cannot be granted without a statutory provision. Ultimately, the Tribunal rejected the applicant's claim for interest as there is no provision in the Customs Act for such payments. 2. Applicability of Doctrine of Equity and Fair Play: The applicant's advocate invoked the doctrine of equity and fair play to support the claim for interest on the refunded amount. He argued that the applicant had paid Redemption Fine & Penalty almost nine years prior and received the refund two years later, justifying the need for interest. However, the Tribunal emphasized that while the doctrine of equity is important, it cannot override the absence of a statutory provision for interest payment under the Customs Act, 1962. The Tribunal held that the lack of statutory backing precluded the application of the doctrine in this case. 3. Exercise of Inherent Powers by the Tribunal: The applicant's advocate urged the Tribunal to exercise its inherent powers to grant interest and referred to a Supreme Court judgment recognizing the Tribunal's inherent powers. However, the Tribunal found no justification to invoke its inherent powers in the absence of a legal basis for granting interest on delayed refunds. The Tribunal emphasized that the Customs Authorities are bound by the statutory time-limit of the Customs Act, and any claims for refund must adhere to the limitations prescribed by the Act. As there was no provision for interest in the Customs Act, the Tribunal rejected the plea to exercise inherent powers. 4. Justification for the Grant of Costs: The applicant also sought costs of the proceedings, but the Tribunal found no justification for granting costs in this matter. Given the absence of statutory provisions for interest payment and the lack of grounds to invoke inherent powers, the Tribunal concluded that there was no basis for awarding costs to the applicant. Consequently, the Tribunal rejected the miscellaneous application seeking interest, inherent powers, and costs, emphasizing the limitations imposed by the Customs Act and the absence of legal provisions supporting the applicant's claims.
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