2006 (12) TMI 340 - AT - Customs

Summary

Issues:
Claim for interest on refunded duty amounts.

Analysis:
The case involved applications seeking clarification of the final order allowing the appeals of the applicants with consequential relief. The duty amounts were refunded to the appellants without interest, leading to a dispute regarding the entitlement to interest on the refunded duty amounts. The appellants had applied for refund of the duty with interest from the date of payment, but only the duty amounts were refunded initially. The Tribunal had to determine whether the appellants were entitled to interest on the refunded duty amounts and the relevant date for the computation of interest.

The learned Counsel for the appellants argued that interest on the duty amounts from the dates of payment should be awarded as a relief consequential to the final order passed by the Tribunal. On the other hand, the learned SDR contended that since there was no claim for interest in the refund applications initially filed by the parties, the consequential relief granted in the final order did not entitle the appellants to interest on the refunded duty amounts. The SDR referred to a Larger Bench decision to support the argument that the relevant date for the computation of interest should be after three months from the date of receipt of the final order.

After considering the submissions, the Tribunal acknowledged that the applications did not expressly pray for a specific direction for the payment of interest. However, in light of the circumstances of the case, the Tribunal decided to exercise its inherent jurisdiction and directed the Assistant Commissioner to pay interest on the duty amounts from a specific date to another specific date. The Tribunal relied on the Larger Bench decision to determine the period for which interest should be paid and set a deadline for the payment to be made by the Assistant Commissioner.

In conclusion, the Tribunal clarified the issue by directing the payment of interest on the refunded duty amounts within a specified period. The decision was based on the exercise of inherent jurisdiction and in line with the principles established in the Larger Bench decision referred to during the proceedings.