2023 (1) TMI 1057

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..... ed cross-objection being aggrieved for non-grant of interest on the refund amount. 3. The brief facts are that revenue commenced investigation during 2014 as it appeared that the respondent importer was misdeclaring the imported goods as well as undervaluing the goods. In the course of investigation, with regard to the current Bills of Entry being BOE no. 7493283 dated 25.11.2014 and bill of entry no. 7480226 dated 24.11.2014, goods were detained and seized on the reasonable belief of mis-declaration as to classification and value under panchnama dated 03.12.2014 and 09.12.2014. Thus, the revenue observed that even the past imports have also been undervalued. Accordingly, the appellant was made to deposit an amount of Rs. 40 lakhs which wa .....

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..... , if required. 5. Being aggrieved, revenue is in appeal on the ground that under the Customs Act, there is no provision requiring an assessee to make a pre-deposit during investigation and further the respondent-assessee have made the claim after the period of six years, further no protest letter was filed by the assessee at the time of deposit or soon thereafter. It is also urged that the appellant was obligated to present the documents like deposit challan for the purpose of refund claim which they failed to produce. 6. Opposing the appeal of revenue, learned Counsel for the respondent-assessee submits that admittedly, the amount remained with revenue all this time unadjusted by way of deposit. Further, from the facts on record, that it .....

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..... nd under the facts and circumstances, that such pre-deposit was made under protest which is writ large on the face of the record. I further find there is no merits on the grounds of appeal raised by revenue. Relying on the ruling of the Division Bench of this Tribunal in Parle Agro Ltd. (Supra), I allow the Cross-objections with directions to the revenue to grant interest @ 6% per annum from the date of deposit till the date of refund. Such interest on refund should be granted within a period of 45 days from the date of receipt of copy of this order. 9. In view of my aforementioned findings and observations, appeal by revenue is dismissed and Cross-objection by assessee are allowed. (order dictated in the open Court)
Case laws, Decisi .....

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