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2021 (12) TMI 1190 - AT - CustomsDelayed refund - Levy of Interest - interest on excess amount of customs duty deposited under protest at the time of passing of the Bill of Entry on provisional basis, till the date of refund of the excess amount deposited - HELD THAT:- A wrong section has been considered by the Commissioner (Appeals) in the impugned order. The amount deposited provisionally is an amount deposited under protest and partakes the character of pre-deposit from the date of such deposit, as the matter was sub-judice. Further, Section 129 EE of the Customs Act read with ruling of Hon’ble Supreme Court in the case of SANDVIK ASIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS [2006 (1) TMI 55 - SUPREME COURT] provides for grant of interest on the amount of pre-deposit from the date of deposit till the date of grant of refund. The appellant is entitled to interest from the date of deposit of duty till the date of grant of refund @ 6% P.A. (at the prescribed rate) - Appeal allowed - decided in favor of appellant.
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