9911796707
TMI Blog2002 (1) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... ts final order No. A/2213-00/NB(SM), dated 23-11-2000 had remanded the matter to Commissioner (Appeals). The Tribunal had observed in its order that the Commissioner of Customs (Appeals) had allowed appeal filed by M/s. Oswal Woollen Mills but had not discussed their prayer with regard to the payment of interest under Section 27A of the Customs Act, 1962. The appellants were claiming the interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has made the following observations :- Now examining the plea of the appellant for payment of interest from 26-8-95 i.e. on the expiry of three months of the coming into force of the Finance Act, 1995, it is seen that the claim for interest is as per Section 27A of the Customs Act. Section 27A of the Customs Act allows for payment of interest, if any duty ordered to be refunded under sub-sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the refund of deposit made by the appellants. Consequently, the Commissioner (Appeals) has rejected the plea of the party for payment of interest. 4. The present appeal is against the impugned order. I have heard Shri N.B. Jain, Company Secy of the appellant party and Ms. K.A. Mishra, SDR for the respondents. The learned representative of the appellants during the course of hearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efund of Rs. 8,70,103.17 but there was no finding as to the interest on this amount. Consequently, the matter is remanded for re-consideration to the lower appellate authority on the point of interest by the Tribunal. Since admittedly the party never staked any claim for interest and had only been agitating for the refund amount, the question of the interest either being admitted or rejected would ..... X X X X Extracts X X X X X X X X Extracts X X X X
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