9911796707
TMI Blog2024 (4) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... of such amount. The ratio of the judgement relied by the appellant the matter of M/S GKN DRIVE LINE (INDIA) LTD. VERSUS COMMISSIONER OF CUSTOMS, NEW DELHI [ 2013 (8) TMI 355 - CESTAT NEW DELHI] , right to interest under Section 18(4) of Customs Act, 1962 is applicable if the due amount is not paid within 3 months from the date of final assessment and not to reckoned 3 months after submission of refund claim as per section 27 of the Customs Act, 1962. Only for the rate of interest, rate fixed by Central Government under Section 27A will apply. Considering the fact that adjudication/appellate authority has not considered the provisions of Sections 18(4) of Customs Act, 1962 in appellant s case, the appeal is remanded to adjudication authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted the appeal on the ground that there is no provision in the Customs Act,1962 to grant of such interest and also with the remarks that the Government is not a financial institution, which does out interest for monies received. Aggrieved by said order, present appeal is filed. 3. When appeal came up for hearing, Learned Counsel for the appellants draw our attention to the provision of Section 18(2) of the Customs Act, 1962 and submits that as per the amendment brought under Section 18 of the Customs Act, 1962, if the goods are provisionally assessed, as per Section 18(4) of the Customs Act, 1962, on final assessment, if any amount is refundable to importer, and if said amount is not paid within 3 months from the date of assessment of duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7-2006 to 13-7-2007 only. Thus the appeal succeeds partly and it is ordered accordingly. 5. The Learned AR appearing for the respondent seriously objected the demand of interest and submits that the appellant has not raised the demand of interest under Section 18(4) of the Customs Act ,1962 at any time and rising the same only before this Tribunal. The Learned AR further submits that the delay in refund of due amount was not due to any willful negligence on the part of respondent and it is only due to the delay caused by the Appellant to submit proper records as per the deficiency memo issued to the appellant. The Learned AR also reiterated finding the impugned orders. 6. In response to the submissions made by Ld DR, Learned Counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant the matter of GKN DRIVE LINE (MEDIA) LTD. (Supra), right to interest under Section 18(4) of Customs Act, 1962 is applicable if the due amount is not paid within 3 months from the date of final assessment and not to reckoned 3 months after submission of refund claim as per section 27 of the Customs Act, 1962. Only for the rate of interest, rate fixed by Central Government under Section 27A will apply. 9. Regarding Objection made by the Ld DR, since the prayer of the appellant is to allow interest as per law, appellant will have the right to raise the question of law in appeal stage also. However considering the fact that adjudication/appellate authority has not considered the provisions of Sections 18(4) of Customs Act, 1962 in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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