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2016 (3) TMI 387 - HC - CustomsWrit petition - Refund of principal and interest amount under Section 129 EE of the Customs Act, 1962 - Setting aside of demand penalty and fine - Confiscation of fourteen machineries which were not covered by the EPCG licence - Held that:- the entire amount has been refunded and interest alone has to be paid to the petitioner. The claim of the petitioner towards interest under Section 129 EE of the Customs Act, 1962, could have been granted within 60 days, but the same has not been made. Further, the issue in question has already been over, since the Civil Appeal No.3207 of 2007 filed by the department was dismissed for non prosecution by the Hon'ble Apex Court. Even thereafter, the petitioner's claim for interest has not been considered. Therefore, in view of the decision of the Hon'ble Supreme Court in the case of Commissioner of Central Excise, Hyderabad vs. I.T.C. Limited [2004 (12) TMI 90 - SUPREME COURT OF INDIA] and in view of the Circulars F.No.275/37/2K-CX.8A dated 02.01.2002 and 802/35/2004-CX dated 08.12.2004 issued by Ministry of Finance, the petitioner is directed to submit a calculation memo with regard to interest to the respondents and the same shall be considered. - Petition is disposed of
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