9911796707
TMI Blog2024 (4) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... released the goods provisionally. Thereafter, when the system was updated, the assessment was finalized and appellant was liable to get huge amount as refund. When communication was made for refund of excess amount, respondent insisted for submission of refund application and after submitting refund application, some defects were noticed and only after considerable time, due amount was paid without any interest for the delay. Aggrieved by said order, a request was made demanding interest before the adjudication authority and adjudication authority rejected the claim by order dated 17.05.2012. 2. Aggrieved by said order, an appeal was filed before the Commission Appeals and Ld commissioner (Appeal) also rejected the appeal on the ground tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation for filing refund application and a refund arising on finalization of provisional assessment under Section 18(2))(a) of Customs Act, 1962 shall not be a refund ipso facto under Section 27 of the said Act. ------ 8.6 It has been held by Hon'ble High Court of Delhi in the case of Commissioner of Customs v. Indian Oil Corporation - 2012(282) E.L.T. 368 (Del.) that sub-sections (3), (4) and (5) introduced to Section 18 of Customs Act, 1962 have no retrospective effect. Thus right to interest under Section 18(4) of Customs Act, 1962 before 13-7-2006 is accordingly barred. However delay in granting refund having been made even after 18-7-2006 till 13-7-2007, appellant is entitled to interest on the refund from 13-7-2006 to 13-7-2007 onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unded amount at such rate fixed by the Central Government under section 27A till the date of refund of such amount. In appellant's case, since principal amount already sanctioned by proper authority, provisions of unjust enrichment under Section 18(5) of the Customs Act, 1962 is also not applicable. 8. As per Section 18(4) of the Customs Act, 1962, it is clear that on finalization of assessment of duty, assessee is entitled for refund and if refund is not made within 3 months from the date of such assessment, assessee is entitled for interest on such amount as per the rate fixed by Central Government under Section 27A of the Customs Act, 1962, till the date of refund of such amount. The ratio of the judgement relied by the appellant the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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