2008 (1) TMI 81

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..... ion 27 will not apply to refund of interest recovered u/s 61(2) - However, the period under the Limitation Act may be applicable – Refund allowed in view of impugned circular - C/1005/2007 - . A/145/2008-WZB/C-II/(SMB) - Dated:- 11-1-2008 - Shri M.V. Ravindran, Member (J) [Order]. -1. This application for stay of operation of the Order-in-Appeal No.376/2007/MCH/DC/Gr.VA/07, dated 14-8-200 .....

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..... of duty and the interest paid on such duty. The interest for which refund is claimed in the instant case is not interest paid on duty but is relating to warehousing interest recovered under Section 61(2) of the Customs Act,1962. In the case of M/s. J.K. Synthetics Ltd. v. Commissioner of Customs, Jaipur - 1999 (109) E.L.T. 669 (Tri.) relied upon by the appellants, the Hon'ble Tribunal has held .....

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..... d that warehousing interest levied under Section 61(2) of the Customs Act is distinguishable from Customs duty defined under Section 2(xv) ibid. Accordingly, provisions of Section 27 will not apply to refund of interest recovered under Section 61(2). However, the period under the Limitation Act may be applicable." 5. I also find that the Tribunal in the case of J.K. Synthetics Ltd. v. CC, .....

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