2015 (12) TMI 59 - AT - Customs

Denial of interest claim - Delay in sanction of refund claim on SAD paid by them under notification no.102/2007 - Held that - As the High Court of Madras has held that provisions of claiming interest are applicable for the refunds pertaining to notification no.102/2007 in the case of KSJ Metal Impex (P) Ltd. (2013 (6) TMI 148 - MADRAS HIGH COURT). I hold that appellant is entitled to claim interest for delayed refund after three months from the date of filing of their refund till the realization of the refund claim. - impugned order is set aside - Decided in favour of assessee.

Summary

Issues:
- Entitlement to interest on delayed refund under notification no.102/2007
- Applicability of Section 27 of the Customs Act, 1962 for refund claims
- Effect of appellant's claim for interest on delayed refund

Detailed Analysis:
1. The appellant appealed against the rejection of their refund claim under notification no.102/2007, seeking interest on the delayed refund. The initial refund claim was rejected as time-barred, but after a remand, the refund was eventually sanctioned. The appellant then requested interest on the delayed refund, which was denied by the Assistant Commissioner and the Commissioner (A) on the grounds that no interest was claimed initially and that the notification did not fall under Section 27 of the Customs Act, 1962.

2. The appellant's consultant argued that the issue was supported by a decision of the High Court of Madras and a Tribunal decision. The High Court decision highlighted that the refund application should be entertained under Section 27 of the Customs Act, 1962, and interest on delayed refunds is covered by Section 27A. The Tribunal decision emphasized that giving up the claim for interest does not preclude the entitlement to interest under statutory provisions like Section 11BB.

3. The Tribunal considered the High Court's ruling that interest can be claimed for refunds under notification no.102/2007 and the Tribunal's decision regarding the applicability of Section 11BB. Consequently, the Tribunal held that the appellant was entitled to claim interest on the delayed refund from three months after the filing of the refund claim until the refund realization. The impugned order was set aside, and the appeal was allowed with any consequential relief.

4. The judgment establishes that the provisions of the Customs Act, 1962 are crucial for determining the entitlement to interest on delayed refunds under specific notifications. It clarifies that giving up a claim for interest initially does not waive the statutory right to claim interest under relevant provisions. The decision underscores the importance of statutory provisions in refund claims and the obligation to pay interest on delayed refunds as per the applicable legal framework.