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TMI Blog2018 (9) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... re that the appellant had imported light and light fittings vide Bill of Entry No. 15041 dt. 25.05.1999 under Export Promotion Capital Goods (EPCG) Scheme and had claimed the benefit of Notification No. 28/97-Cus dated 01.04.1997; the benefit was initially denied by the Assistant Commissioner vide Order-in-Original No. 334/1999 dt. 08.07.1999; they cleared the goods on payment of merit rate of duty and the matter was further carried on appeal before the Commissioner (Appeals) and subsequently, to the Hon'ble CESTAT, Chennai; the Hon'ble CESTAT, vide Final Order No. 93/04 dt. 22.01.2004 had remanded the matter to the Original lower appellate authority (LAA) to reconsider the issue in the light of Circular No. 62/2002; that thereafter, the De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing, the Ld. Commissioner (Appeals), however, directed the adjudicating authority to sanction refund of Rs. 7,62,841/- by setting aside the impugned order therein, applying the ratio of Hon'ble Supreme Court's decision in the case of M/s. Ranbaxy Laboratories Ltd. Vs. UOI reported in 2011 (273) E.L.T. 3 (S.C.). On the prayer for grant of interest, the lower appellate authority has though ordered that interest be paid as per Section 27A of the Customs Act, but rejected the prayer for interest at 9% per annum on the ground that there was no such provision in the Customs Act, 1962. 2. Heard Shri. Hari Radhakrishnan, Ld. Advocate for the assessee and Shri. S. Govindarajan, Ld. DR for the Revenue. 3. We have considered the rival contentions. D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er sub-section (2) of section 27 to an applicant is not refunded within three months from the date of receipt of application under sub-section (1) of that section, there shall be paid to that applicant interest at such rate, [not below five per cent] and not exceeding thirty per cent per annum as is for the time being fixed [by the Central Government by Notification in the Official Gazette], on such duty 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 : Provided that where any duty, ordered to be refunded under sub-section (2) of section 27 in respect of an application under sub-section (1) of that section made before the date on which the Finance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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