9911796707
TMI Blog2023 (2) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... an accepted fact that appellant had deposited the differential duty as ordered by revenue, but have immediately filed the appeal and thus, the payment of differential duty was under protest, ipso facto. It is further found that such claim of the appellant of payment under protest was accepted by the Commissioner (Appeals) who remanded the matter for re-adjudication under Section 17(5) of the Act, by order dated 26.11.2013. In this view of the matter, the appellant is entitled to grant of interest on the refund amount under Section 129EE of the Act. Hon ble Supreme Court in the case of SANDVIK ASIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS [ 2006 (1) TMI 55 - SUPREME COURT] , which have been followed by Division Bench of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eliveries and preferred appeal before the Commissioner (Appeals) who vide the Orders-in-Appeal no. CC(A)CUS/762-768/2013 dated 26.11.2013 and CC(A)CUS/769- 780/2013 dated 27.12.2013 ordered that grounds of enhancement cannot be gauged by mere perusal of the Bills of Entry, the Assessing Officer at ICD, Tughlakabad, New Delhi are directed to disclose the grounds of enhancement of value and issue a Speaking Order under the provisions of Section 17(5) of the Customs Act, 1962, after providing fair opportunity of being heard to the Appellant in the interest of Principles of Natural Justice and under the legal provisions of the Customs Act, 1962, as per the mandate of Section 17(5) of Customs Act, 1962. In the event of failure, the Appellant ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to interest in terms of Section 27A of the Act. Section 27A of the Act, provides for grant of interest where refund is not granted within three months from the date of application for refund. 4. Being aggrieved the appellant is before this Tribunal. Learned Counsel for the appellant inter alia urges that admittedly, there is no consent given by the appellant to the enhancement made by the department in the value of the declared goods at the time of processing of the Bill of Entry. The appellant due to their business exigency, deposited the differential duty for getting the out of charge and delivery of the goods. However, the appellant-importer immediately lost their protest by filing appeal before the Commissioner (Appeals). The Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 129EE of the Act. Further, in view of the ruling of the Hon ble Supreme Court in the case of Sandvik Asia Ltd vs. Commissioner of Income Tax-I, 2007(8) STR 193 (S.C.), which have been followed by Division Bench of this Tribunal in Parle Agro Ltd., grant of interest @ 12% P.A. has been upheld by Hon ble Punjab Haryana High Court in the case of Riba Textiles Ltd. 2022(volume 3) TMI 693, wherein interest was granted @ 12% P.A. Accordingly, I allow the appeal and set aside the impugned order. I further direct that grant of interest from the date of deposit till the date of refund @ 12% P.A. under Section 129EE of the Act, within 45 days of receipt of this order by the Adjudicating Authority. Appeal allowed. (order dictated in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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