9911796707
TMI Blog2013 (10) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... on Demand @12% - Held that:- such an issue cannot be raised before the Tribunal who is working within the four corners of the Act - Decided against the assessee. Claim of Interest on interest - in Shri Jagdamba Polymers Ltd. vs. Union of India [2013 (6) TMI 88 - GUJARAT HIGH COURT], HC directed interest on delayed payment - appellant claimed the similar benefit in its case - Held that:- Inasmuch as the Tribunal works within the provisions of Customs Act, 1962, we have no jurisdiction to order interest on interest - Decided against the assessee. - Appeal No.C/820/2008 with C/CO/18/2009 - Final Order No.57092/2013 - Dated:- 17-7-2013 - Mrs. Archana Wadhwa and Mr. Manmohan Singh, JJ. For the Appellant: Shri R.k.Verma, DR For t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of section 27A of Customs Act, 1962. 5. The said order of the Assistant Commissioner was challenged by the importer before the Commissioner (Appeals) who held that interest would be payable from the date of deposit. 6. Being aggrieved with the order passed by the Commissioner (Appeals), Revenue has filed the present appeal. 7. The only question required to be decided is as to whether the interest is required to be paid to the importer from the date of deposit made by them during the period of investigation or from the date of the Tribunal s order when the relief was granted to the importer for the first time. Admittedly the first order of the Commissioner was against the importer and it was the Tribunal s order vide which the impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Second objection raised by the ld. Advocate is that interest should be paid for delayed interest. For the above proposal, he relies upon Hon ble Gujarat High Court in the case of Shri Jagdamba Polymers Ltd. vs. Union of India -2013 (289) ELT 429 (Guj.). However, ongoing through the said judgment, we find that Hon ble High Court directed interest on delayed payment of interest, by taking into account unjust action on the part of the Revenue after clearly observing that such claim does not fall within section 11BB and in writ jurisdiction, interest on interest can be directed. Inasmuch as the Tribunal works within the provisions of Customs Act, 1962, we have no jurisdiction to order interest on interest. 10. In view of above, Revenue s ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
