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TMI Blog2015 (9) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... erest per annum having already fixed by the Central Government is hereby fixed. - 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 weeks - Decided in favour of assessee. - W. P.( MD). No. 15003 of 2015 , M. P. (MD) No. 1 of 2015 - - - Dated:- 27-8-2015 - T. Raja, J. For the Petitioner : Mr A K Jayaraj For the Respondent : Mr R Aravindan ORDER This Writ Petition has been filed by Mr.T.Madhaiyan, General Manager (Works) representing M/ s.Karur K.C.P.Packkagings Limited, seeking a Mandamus, directing the Assistant Commissioner of Customs (Draw Back), T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of FIBC by bringing it under Chapter 63, therefore, this Court has no hesitation to allow the prayer made by the petitioner. 10. In view of the above, a Mandamus is issued directing the 3rd respondent to settle and release the pending balance duty drawback claim amount entitled to the petitioner for the period 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 as per the decision of DGFT Committee Meeting No.17/AM-14, dated 25.07.2013, within a period of two weeks from the date of receipt of a copy of this order. Needless to mention that in the event of success by the respondents before the CESTAT in the pending appeal, it is al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be paid to that claimant in addition to the amount of drawback, interest at the rate fixed under section 27A from the date after the expiry of the said period of [one month]] till the date of payment of such drawback. [(2) Where any drawback has been paid to the claimant erroneously or it becomes otherwise recoverable under this Act or the rules made thereunder, the claimant shall, within a period of two months from the date of demand, pay in addition to the said amount of drawback, interest at the rate fixed under section 28AB and the amount of interest shall be calculated for the period beginning from the date of payment of such drawback to the claimant till the date of recovery of such drawback.] 5. A mere perusal of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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