9911796707
TMI Blog2015 (9) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... to by the petitioner, for the period 18.02.2010 to 24.09.2010, as per Section 75A of the Customs Act, 1962. 2. Heard Mr.A.K.Jayaraj , the learned counsel appearing for the petitioner and Mr.R.Aravindan , the learned standing counsel appearing for the respondents. 3. On earlier occasion, while dealing with a prayer made by the petitioner, to direct the Assistant Commissioner of Customs (Draw Back), Tuticorin , to settle and release the pending balance Duty Drawback Claim Amount, entitled to the petitioner, for the period from 18.02.2010 to 24.09.2010, in the light of the Notification No.103/2008 - Customs, dated 29.08.2008, issued by the Government of India, Ministry of Finance and the decision of DGFT Committee Meeting No. 17/AM-14, dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above direction, the Assistant Commissioner of Customs (Draw Back), Tuticorin , has sanctioned Drawback claim amount entitled to by the petitioner on execution of personal bond for a value of 1.9 Crores in respect of 192 shipping bills. However, the petitioner was requested to intimate the outcome of the classification, which was pending before the learned CESTAT, Chennai, for taking further necessary action. Now, the learned CESTAT also in its order, dated 03.08.2015, in Appeal Nos.E /76/2011 and E/146/2012 categorically has held that Flexible Intermediate Bulk Containers (FIBC) is rightly classifiable under 6305 3200 and not under 39232990. Accordingly, the learned CESTAT has further found that there was no infirmity in the order passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest at the rate fixed under Section 27-A from the date after the expiry of the said period of one month is payable to the petitioner. Therefore, when it is made clear that the petitioner is entitled to claim interest, as per Section 75-A and further notification with regard to quantum of interest and also as per Notification Customs No.18/2011-Customs (N.T), 1st March 2011, 18% interest per annum having already fixed by the Central Government is hereby fixed. 6. In the result, the Writ Petition is allowed and the 3rd respondent is hereby directed to pay the interest at the rate of 18% on the sanctioned and paid duty drawback claim amount entitled by the petitioner for the period from 18.02.2010 to 24.09.2010, within a period of four week ..... X X X X Extracts X X X X X X X X Extracts X X X X
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