9911796707
TMI Blog2021 (11) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... upreme Court - In the above order of the tribunal though the order of the commissioner(Appeals) was upheld but at the same time it was stated that interest liability arises from the date of order of the tribunal. Rate of interest - HELD THAT:- The rate of interest is statutorily prescribed under section 27 (A) read with Notification issued there under according to which 6% as rate of interest was prescribed. The departmental officer is bound to follow the statutory provision strictly and therefore, no interest more than 6% can be calculated. Even this tribunal which is creature under the statute of Customs Act cannot decide the rate of interest out of the statutory provisions. Accordingly, the rate of interest i.e. 6% decided by the Lo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the tribunal. 2. Whether the rate of interest should be 6% or 15% or any other rate. 3. Whether the appellant is entitled for interest on interest. 2. Shri S.Sunil, Learned counsel appearing on behalf of the appellant filed written submission dated 15.11.2021 and argued the same. 3. Shri G.kirupanandan, Learned Superintendent(AR) appearing on behalf of the revenue reiterates the finding of the impugned order and has also submitted written submission dated 15.11.21 which is taken on record and considered. 4. We have carefully considered the submission made by both the sides and perused the records. As regard the first issue we find that in the earlier round of litigation in the same case this tribunal in the order No A/164 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appears to have done at a belated stage. As per the Board s instructions interest liability arises from the date of finalization of assessment. In the present case the assessment came to be finalized by the order dated 3.1.2006 of the Tribunal as the said order was not stayed at any point of time and the appeal against the same came to be dismissed. Hence, liability to pay interest would arise from the date of the order of the Tribunal. In the circumstances, the impugned order of the Tribunal confirming the order made by Commissioner (Appeals) does not suffer from any legal infirmity so as to warrant interference 9. In absence of any question of law, much less any substantial question of law, the appeal is dismissed. In the above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the statute. Therefore, Learned Commissioner (Appeals) has rightly held that the Adjudicating Authority has rightly applied simple rate of interest as 6% P.a. Therefore, the assesseee cannot be granted interest at the rate of 15% or any other rate above 6%. 4.2 As regard the issue whether the appellant is entitled for interest on interest amount. We find that the appellant has heavily relied upon the Hon ble Supreme Court Judgment in Sandvik Asia Ltd CIT 2006 (196) ELT 257 (SC). The Learned Commissioner (Appeals) on this issue given the following finding: 6.4. The adjudicating authority has rejected another amount of refund claimed by the appellant, which turned out to be interest on interest. The appellant has relied upon th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Income Tax or other statutes have no relevance while considering a provision in an Excise statute. Even though we are not concerned in the matter in hand regarding the interpretation of any statutory provision in Customs Act as such, to ascertain the scope of powers of the statutory authorities functioning under the Customs Act, we cannot have assistance of the decision which was delivered in relation to the scope of powers of the authorities functioning under Income Tax Act or other taxing statutes. Having said so, I am also guided by the Larger Bench decision in the case Sun Pharmaceuticals Industries Ltd. v. Commissioner [2005 (185) E.L.T. 253 (Tribunal-LB)], which has also been relied upon by the Tribunal in the aforesaid case of Inte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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