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2020 (1) TMI 164 - AT - CustomsInterest on delayed refund of SAD - Circular No. 6/2008-Cus. dated 28/04/2008 - grant of interest was denied on the ground that there is no provision for payment of interest in the N/N. 102/2007 - HELD THAT:- The Commissioner (Appeals) has accepted that the appellant is eligible for interest for delay in payment of refund in view of the statutory provision but he has wrongly considered the date of filing the claim as 6th June 2017 which was only the date of submitting the copy of the Tribunal’s Final Order with a request for early sanction of the refund due with eligible interest. In fact this has resulted in reducing the period of delay to mere 7 days whereas as per the appellant the actual delay has been from 857 days to 399 days as detailed in the statement annexed with the appeal. This issue of interest has been settled by the Apex Court in the case of RANBAXY LABORATORIES LTD. VERSUS UNION OF INDIA AND ORS. [2011 (10) TMI 16 - SUPREME COURT] wherein the Apex Court in para 14-15 has held that the assessee is entitled to interest after the expiry of three months from the date of making the application though the judgment of the Apex Court in the context of Section 11BB which is parimateria to Section 27A of the Customs Act having identical provisions. The appellant is entitled to interest of 43,091.42 as per the statement of interest filed along with appeal papers - appeal allowed - decided in favor of appellant.
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