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2023 (9) TMI 582 - AT - CustomsEntitlement for interest on refund - department took undue long period of more than 8 years in finalizing the assessment which has caused delay in granting of refund - HELD THAT:- In the present case, the assessment was finalized on 29.12.2021 and in pursuance to the final assessment refund was sanctioned to the appellant vide OIO dated 14.03.2022 which is within the time limit of 3 months from the date of final assessment. The original authorities rejected the request of interest and vide impugned order; the Commissioner has also rejected the appeal seeking grant of interest on delayed refund. Further, the appellant was provisionally assessed under Section 18 of the Customs Act. Reference made to the decision of COMMISSIONER OF CUSTOMS VERSUS INDIAN OIL CORPORATION [2012 (1) TMI 31 - DELHI HIGH COURT] wherein it has been held by the Hon’ble Delhi High Court that in the case of provisional and final assessment, the refund is payable in terms of Section 18 of the Customs Act, 1962. The appellant is entitled to interest if the refund is payable after the expiry of 3 months from the date of final assessment as per Section 18 (4) of the Customs Act whereas in the present case the refund was granted within 3 months as prescribed under Section 18 (4) of the Act. Therefore the appellant is not entitled to any interest in view of the statutory provisions - there are no infirmity in the impugned order - appeal of appellant dismissed.
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