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TMI Blog2016 (7) TMI 1021X X X X Extracts X X X X X X X X Extracts X X X X ..... on 27A [subsection (1)] provides for payment of interest. It is now that sum which is directed to be payable. The interest in terms of Section 27A(1) of the Customs Act, 1962 shall be released and the sum paid as expeditiously as possible and within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is accordingly allowed. - Writ Petition No. 2810 of 2015 - - - Dated:- 18-7-2016 - S. C. Dharmadhikari And Dr. Shalini Phansalkarjoshi , JJ. Mr. Durgesh Nadkarni with Mr. C.S. Biradar i/by M/s. Legal Solutions for the Petitioner Mr. Pradeep S. Jetly for the Respondents ORDER P. C. 1. By this petition under Article 226 of the Constitution of India, the petitioner prays for is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at such rate not below 5% and not above 30% per annum, as is for the time being fixed by the Central Government by Notification in the Official Gazette. This amount has to be paid from the date immediately after the expiry of three months from the date of receipt of such application till the date of refund of such duty. The petitioner, therefore, submitted that the interest in this case is payable from 15-3-2007 till 15-2-2015. The petitioner relied upon the Judgment of the Hon'ble Supreme Court of India in the case of Ranbaxy Laboratories Ltd. V/s. Union of India, reported in 2011 (273) Excise Law Times, Page 3. 4. The petitioner states that there was no response to this letter and, therefore, reminders were addressed on 1852015 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y due and payable. Therefore, the refund of duty must follow in the event there is a declaration in favour of the assessee that the amount was not payable. Once that amount is payable/refundable and a refund application was also made, which was allowed, what the respondents have done is only paid the sum, namely, the principal sum. The interest component for the delayed payment or refund has not been paid. The writ petition is filed so as to claim this crystallized amount. There is no denial of the statutory provision, nor the mandate flowing therefrom is questioned. The decisions relied upon by Mr. Jetly do not refer to the statutory prescription and which is specific in terms. It is not as if any such request and as is being made is consi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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