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TMI Blog2024 (12) TMI 1473X X X X Extracts X X X X X X X X Extracts X X X X ..... to be read in the light of the provisions of section 27A of the Customs Act. What has also to be noted is that the Commissioner (Appeals), in the operative part of the order, also directed that the payable interest should be granted to the appellant. Conclusion - There is, therefore, no reason as to why the appellant would not be entitled to claim interest up to the date of refund of the amount. The matters are remanded to adjudicating authority to calculate and make the payment of the additional amount of interest in accordance with the observations made above within a period of two months from the date a copy of this order is produced before the adjudicating authority - Appeal allowed. - MR. DILIP GUPTA, PRESIDENT AND MR. P. V. SUBBA RA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich had been ordered to be disbursed by re-crediting the respective scrips/licence has to be disbursed through RTGS/cash. However, even after reproducing section 27A of the Customs Act, the Commissioner (Appeals) directed that interest would be admissible to the appellant under section 27A of the Customs Act for the period commencing three months after the filing of claim till the date of sanction of the refund. 5. It needs to be noted that section 27A of the Customs Act provides for interest on delayed refunds. It stipulates that if any duty ordered to be refunded under section 27(2) of the Customs Act is not refunded within three months from the date of receipt of the application, there shall paid to the appellant, interest at such rate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the date when the amount was refunded to the appellant in cash. 11. Shri Rajesh Singh, learned authorised representative appearing for the department, however, submitted that in terms of the earlier order dated 10.02.2021 passed by the Commissioner (Appeals), the appellant can receive interest only up to the date of sanction, and in case the appellant felt aggrieved with the said order dated 10.02.2021, it should have challenged that order to claim of interest up to the date of payment of the refund amount, but having not done so, the appellant cannot now claim interest up to the date when the amount was refunded. 12. The submissions advanced by the learned counsel for the appellant and the learned authorised representative appearing for th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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