9911796707
TMI Blog2023 (2) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... ing, by classifying the same under CTH 55094190 under 19 Bills of Entry during the period 06.06.2013 to 12.08.2013. The Assessing Authority at the time of assessment of the said Bills of Entry loaded the value and assessed the Bills of Entry at enhanced value. The Appellant paid the duty as per assessed Bills of Entry, took deliveries 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereafter, the defect memo was issued in August 2021, in response to, the appellant filed the details and documents requisitioned during August, September till 03.11.2021. Accordingly, observing that the refund have been granted within 13 days from submission of the documents requisitioned, observed that he is not entitled 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r find 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, I hold that the appellant is entitled to grant of interest on the refund amount 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 grante ..... X X X X Extracts X X X X X X X X Extracts X X X X
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