2008 (11) TMI 533 - AT - Customs

Summary

Issues involved: Appeal against Commissioner's order regarding duty refund and interest payment on deposited amounts.

Facts: Appellant imported goods, faced investigation, paid sums in 1998, and later claimed refund post Tribunal's order. Appellant sought interest on refunded amounts from deposit dates.

Appellant's Argument: Interest payable on illegally retained money, citing relevant High Court judgments. Interest can be granted by Tribunal as per Interest Act, 1978. Amounts collected during no duty period should attract interest.

Department's Argument: Appellant's payments were duty deposits, treated as duty payment post original authority's order. Refunds post appeal should include interest as per Supreme Court precedent.

Tribunal's Decision: Interest sanctioned by High Courts or Supreme Court relevant. Interest payable on pre-deposited amounts from three months post Tribunal's order in 2003. Disagreed with delay reasons for payment, ruled interest due on deposits.

Conclusion: Appeal disposed with interest payable on pre-deposited amounts as per Tribunal's order.