Non-payment of interest on refund u/s 18(4) of the Customs Act ...

Customs authority ordered to pay interest on delayed refund payment post finalization of provisional assessment.

November 29, 2024

Case Laws     Customs     AT

Non-payment of interest on refund u/s 18(4) of the Customs Act 1962 upon finalization of provisional assessment was challenged. Upon completion of the specified import quantity under the contract, provisional assessments were finalized, and a refund amount was ordered, but no interest was paid on the delayed refund payment, which is payable u/s 18(4) read with Section 27A. The Tribunal held that upon finalization of provisional assessment, if a refund is liable, it must be paid within 3 months from the final assessment date. Any delay in refund payment beyond 3 months attracts interest liability, irrespective of filing a refund application. Accordingly, the department was liable to pay interest for the delay in refund payment beyond 3 months from the final assessment date. The appeal was allowed.

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