Home Case Index All Cases Customs Customs + AT Customs - 2021 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (9) TMI 17 - AT - CustomsRefund of duty - matter remanded back to the original adjudicating authority with observation for consideration of refund claim after production of CRC-I evidencing remission order - Section 27A of the Customs Act, 1962 - HELD THAT:- A close reading of the provision of Section 27A of the Customs Act, 1962 would reveal that date of order for refund is immaterial, since interest is to be calculated after the expiry of three months from the date of receipt of such application and there is nothing mentioned in the Section to pass a separate order for interest on refund as an order under Section 27(2) would suffice for application of interest in view of use of word “shall be paid”, if the refund is made beyond three months of receipt of application for such refund. Therefore, applicant is entitled to get the applicable rate of interest on the refunded duty amount to be calculated three months after the filing of refund application on 28.08.2014. The appeal is allowed in part to the extent of granting of interest on the already refunded amount.
|