Home Case Index All Cases Customs Customs + HC Customs - 2018 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 1352 - HC - CustomsInterest on delayed Refund of SAD - relevant date - N/N. 102/2007-Cus dated 14.09.2007 - Circular 6/2008-Cus dated 24.04.2008 - Held that:- This Court in Micromax Informatics Limited [2018 (2) TMI 35 - DELHI HIGH COURT] held that there was no period for refund of SAD, so could not be circumscribed by any period of limitation prescribed by mere executive instructions such as in the case of Circular. The period of limitation sought to be imposed upon refunds claimed and a restriction on the claim for interest, especially brought in by way of so called clarification by the CBEC Circular could not have override the law. The substantive law nowhere limits the claim for refund, which would otherwise ensure to the benefit of Assessee - petition allowed - decided in favor of petitioner.
|