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2013 (7) TMI 799 - HC - CustomsInterest on delayed refund – whether the assessee shall be entitled to interest on delayed refund - Revenue contended that there was no question of payment of any interest in case of refund of fine or penalty because the same is not provided for in the statute – The Customs Act being a fiscal statute, equity has no manner of application – court rejected all the contentions of the assessee - Held that:-the assessee would be entitled to the interest on refund being delayed by the department - It is true that there is no equity in the matter of taxation but that principle is applicable against the Revenue and not against the assessee - on equitable consideration tax cannot be realized - it was a mistake on the part of the Commissioner of Customs that he passed an incorrect or illegal adjudicatory order. Pursuant to the mistake committed by him, the writ petitioner was obliged to pay the amount assessed by him on account of redemption fine and penalty - once the doctrine of restitution is attracted, the interest is often as normal relief given in restitution – decided against revenue.
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