2019 (2) TMI 499 - AT - Customs

Interest on delayed refund - relevant time for calculation of interest - Refund of excess duty paid under protest - rejection of refund was on the ground of time limitation - Section 11BB of Central Excise Act, 1944 - Held that - The appellant had filed refund claim on 06.07.1989 and reminder on 06.04.1994 - Appellant are eligible to interest on expiry of three months from the date when the Finance Bill, 1994 received the assent of the President of India i.e. on 26.05.1995. Consequently, interest is available to the appellant from 27.08.1995 till the date, the amount was paid to them - appeal allowed - decided in favor of appellant.

Summary

Issues:
Classification of imported goods, refund claim rejection, interest on delayed refund

Classification of imported goods:
The appeal was filed against the Order-in-Appeal passed by the Commissioner of Customs (Appeals), Mumbai, regarding the classification of cable joining kits. The appellant claimed classification under Chapter sub-heading 8547 of the Customs Tariff Act, 1975, while the Revenue classified it under Chapter sub-heading 3926. The appellant succeeded on the issue of classification before the Bombay High Court. The Tribunal remanded the matter to the Commissioner for de novo consideration, who decided in favor of the appellant. The Revenue's appeal was rejected, leading to a refund claim of ?72,46,441 being sanctioned to the appellant.

Refund claim rejection:
The appellant filed a refund claim for the excess duty paid due to incorrect classification of imported goods in 1989. The refund was sanctioned and paid in 2002. The appellant sought interest on the delayed refund amount, which was rejected by the original adjudicating authority and the Commissioner (Appeals). The appellant argued that as per the principles laid down by the Supreme Court in a specific case, they were entitled to interest on the delayed refund amount.

Interest on delayed refund:
The issue of interest on delayed refunds was analyzed in light of Section 11BB of the Central Excise Act, 1944. The Supreme Court's interpretation of this provision emphasized that interest is payable if the duty ordered to be refunded is not paid within three months from the date of the refund application. The Court clarified that the liability to pay interest commences from the date of expiry of three months from the date of the refund application. Applying this interpretation, the appellant was deemed eligible for interest from a specific date till the payment was made.

In conclusion, the Tribunal allowed the appeal, stating that the appellant was entitled to interest on the delayed refund amount. The decision was based on the principles established by the Supreme Court regarding the payment of interest on delayed refunds as per Section 11BB of the Central Excise Act, 1944.