9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (1) TMI 939 - AT - CustomsRefund of interest on amounts, which were paid during investigation and pendency of litigation - whether the jurisdictional Customs Officers, or Specified Officer, will decide the matter of refund pertaining to SEZ units - HELD THAT - M/S. NEW KAMAL VERSUS UNION OF INDIA 2020 (4) TMI 281 - GUJARAT HIGH COURT of the Hon ble Gujarat High Court, as well as the Board Circular No. 275/37/2K-CX.8A dated 2 January, 2002, makes it clear that unless some objections of substance as per the board circular of order not having been produced or copy of TR6 challan not having been produced is raised, other objections in view of copy of order of higher judicial authorities become in consequential. There are nothing wrong in the grants of refund of interest for the period sought by the appellant - the order of Commissioner (Appeals) is upheld - appeal dismissed.
Issues:
The issues involved in the judgment are the refund of interest on amounts paid during litigation, jurisdictional authority for deciding refund claims, relevance of objections raised during processing of refund, and the applicability of relevant legal precedents and circulars. Refund of Interest on Amounts Paid During Litigation: The case involved an appeal by the department against the order of Commissioner (Appeals) allowing the refund of interest on amounts paid during the litigation of an earlier case. The refund claim covered the period from 12th August, 2014 to 14th September, 2016. The jurisdictional officer ultimately sanctioned the refund claim on 29.03.2017, amounting to Rs. 5,82,26,261. The Commissioner (Appeals) allowed the benefit of interest based on the decision of the jurisdictional High Court of Gujarat, despite objections raised by the department. Jurisdictional Authority for Deciding Refund Claims: The issue arose due to lack of clarity regarding whether the jurisdictional Customs Officers or the Specified Officer of the SEZ would decide on refund claims pertaining to SEZ units. The matter was clarified through a notification specifying that the jurisdictional Officer would decide refund claims. The claim was initially filed with the Specified Officer of the SEZ, who later transferred the claim to the jurisdictional officer for decision. The respondents argued that the lack of clarity should not be a reason for denying the interest refund. Relevance of Objections Raised During Processing of Refund: The department raised objections during the processing of the refund claim, citing a decision of the Calcutta High Court to argue that the date of resolving objections should determine the relevant date for allowing interest on the refund. The objections were resolved by the jurisdictional officer around November 2016, after which the refund matter was decided. The department sought to distinguish the decision of M/s. New Kamal based on the decision in the matter of V.R Overseas Pvt Ltd to support their argument against granting the refund. Applicability of Legal Precedents and Circulars: The respondents relied on a Board Circular dated 2 January, 2002, which clarified the procedure for granting refunds based on court decisions. The circular emphasized that refund applications should not be insisted upon, and a simple letter along with necessary documents should suffice for processing refunds. The respondents provided the required documents when filing the initial claim. The Tribunal considered the relevant legal precedents, including the decision of the Hon'ble Gujarat High Court and the board circular, to uphold the grant of interest refund for the period sought by the appellant, rejecting the department's appeal.
|
