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TMI Blog2018 (7) TMI 543X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 75A ibid particularly makes it amply clear that when drawback becomes recoverable under the Act or Rules made therein, claimant shall be liable not only to repay the drawback amount but also to discharge interest liability at the rate fixed under section 28AA of the Customs Act. Demand upheld - appeal dismissed - decided against appellant. - Appeal No. C/322/2012 - 41300/2018 - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ible drawback amount of ₹ 21,75,074/-. The appellants had paid up the said amount during the investigation stage itself. The adjudicating authority vide order dated 19.1.2012 confirmed the proposals in the show cause notice which were upheld by the Commissioner (Appeals) vide impugned order dated 25.7.2012. Hence this appeal. 2. Today, when the matter came up for hearing, ld. consultant S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6A(2) by paying up the due amount within the prescribed period, there can be no demand of interest on them. 3. On the other hand, ld. AR Shri A. Cletus supports the impugned order. He also draws our attention to the judgment of the Hon ble High Court of Madras in the case of CPS Textiles (P) Ltd. 2010 (255) ELT 228 (Mad.). 4. Heard both sides and gone through the case records. 5. We fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 28-AB and the amount of interest shall be calculated for the period beginning from the date of payment of such drawback to the claimant till t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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