Home Case Index All Cases Customs Customs + HC Customs - 2018 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 1786 - HC - CustomsFailure to refund amount, calculated towards anticipated duty and penalty - re-export of crafts - Held that:- The petitioner’s right to a refund of the penalty amount deposited, accrued to it on 23.06.2017 when the CESTAT decided that the penalty and the redemption fine were unwarranted. Given these circumstances and also the fact that the petitioner is a foreign company, not subject to the laws of India nor having any office in India – the formalities insisted upon it appear to have prolonged the issue unnecessarily. The respondents are hereby directed to ensure the refund of the amounts concerned (Rs.2.5 crores towards penalty and ₹ 3.37 crores towards redemption fine) along with interest @ 12% per annum from 01.10.2017 till the date of payment being remitted to the petitioner’s account, the details of which should be disclosed within next one week - petition allowed.
|