2015 (12) TMI 996

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Counsel has failed to point out any authority which allows interest on the refund of fine and penalty. The Section 27A clearly covers only the payment of interest on duty. Since there is no such provision in law, the same cannot be allowed. - Decided against Assessee.
Mr Raju, Member (T) For the Appellant : Shri. C.M. Sharma, Consultant For the Respondent : Shri. D.K. Sinha, Asst. Comm. (AR) ORDER Per Raju 1. The appellants imported certain goods in the year 2001 and the value of goods was challenged. The good were confiscated and ordered to be release on payment of redemption fine. Penalty was also imposed. They also paid differential duty on the same. They agitated the matters with higher forum and finally the Tribunal granted th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f their claim the learned Counsel cited following decisions: i) Metal Distributors Ltd., Vs. UOI & Others - 1988 (33) ELT 321 (Bom) ii) Goldstone Engineering Ltd., Vs. OUI - 2005 (181) ELT 11 (AP) iii) Shri Jagdamba Polymers Ltd., Vs. UOI - 2013 (289) ELT 429 (Guj) iv) CIT Vs. Narendra Doshi (SC) v) Binjrajka Steel Tubes Ltd., Vs. CCE, Hyderabad - 2008 (12) STR 788 (Tri-Bang) vi) Standard Pencils Pvt. Ltd., Vs. CCE, Chennai - 2010 (253) ELT 160 (Tri-Chennai) He also cited decision of this Tribunal in their own case where their appeal in identical matter was rejected. In the said order their appeal for interest from the date of payment and commercial rate of interest was rejected. 3. Learned AR relies on the impugned order. 4. I hav .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tion made before the date on which the Finance Bill, 1995 receives the assent of the President, is not refunded within three months from such date, there shall be paid to the applicant interest under this section from the date immediately after three months from such date, till the date of refund of such duty. Explanation. - Where any order of refund is made by the Commissioner (Appeals), Appellate Tribunal 4[, National Tax Tribunal ] 65 or any court against an order of the 5[Assistant Commissioner of Customs or Deputy Commissioner of Customs] under sub-section (2) of section 27 , the order passed by the Commissioner (Appeals), Appellate Tribunal or, as the case may be, by the court shall be deemed to be an order passed under that sub-sec .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X