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2015 (10) TMI 190 - CESTAT MUMBAIRejection of Interest on delayed refund payment – Appellant imported goods during assessment of bills of entry, Customs Duty was computed and was paid accordingly – However, bills of entry were re-asessed and consequent to said reassessment, appellant filed refund claims for difference of duty between initial assessment and reassessment of bills of entry – Refund claim was sanctioned to appellant belatedly by nearly two years however, no interest was given – Aggrieved with non-payment of interest, appellant filed appeals which was rejected vide impugned order – Held that:- main ground for rejection of interest claim of appellant is that they have informed department for disclaimer of interest – There is no statutory provision regarding filing of any undertaking or disclaiming interest on refund amount – There is no dispute that refund was sanctioned almost after two years from date of filing of application – Therefore, appellant is entitled for interest – On very issue of interest on refund, Supreme Court in case of Ranbaxy [2011 (10) TMI 16 - Supreme Court of India] held that wherever there is delay in sanction of refund beyond three months from date of application, interest has to be paid to claimant – Thus, matter remanded to original adjudicating authority to consider claim of interest afresh – Appeal allowed by way of remand – Decided in favour of Assesse.
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