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2020 (1) TMI 384 - HC - CustomsInterest on delayed payment of Special Additional Duty refundable - N/N. 102 of 2007-Cust dated 14.9.2007 - HELD THAT:- The reasoning in the impugned order is contrary to the scheme of the Customs Act, 1962. The exemption notification issued under Section 25A merely relaxes the condition from levy of tax. Refund of Duty is stipulated therein subject to the conditions. Procedure for refund of Duty is governed by Section in 27 and the payment of interest on delayed payment thereon under Section 27A of the Customs Act. The notification cannot be read in isolation of the Customs Act, 1962. If there is delay in payment of any refund claim, the 2nd respondent is duty bound to pay the interest in terms of Section 27A of the Customs Act - At the same time, since the decision of this Court rendered in KSJ Metals Impex (P) Ltd [ 2013 (6) TMI 148 - MADRAS HIGH COURT ] has been stayed I am unable to give any relief to the petitioner at this stage. The respondent shall pass appropriate orders as and when the division Bench dispose KSJ Metals Impex (P) Ltd case, unless there is an earlier decision of the Hon'ble Supreme Court on the very same subject - Petition disposed off.
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