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2014 (12) TMI 726 - CGOVT - CustomsIllegal sale of confiscated gold - smuggle gold bars and coins - Refund of sale proceeds - applicant has contended that since the goods have disposed of hence duty cannot be collected; that the interest of 9% per annum for the sale proceeds be paid for delayed payment and warehousing charges may be re-fixed - whether the refund has to be paid without deducting the duty as claimed by the applicant or not. Held that:- In view of judgment in the case of CC, Trichy v. K. Balaganesan [2011 (5) TMI 393 - CESTAT, CHENNAI], applicant’s refund claim for duty portion is rightly rejected by appellate Commissioner. As regards interest claim, Government notes that Section 27A of Customs Act grants interest on delayed refund of duty. In this case amount of sale proceeds are refunded and therefore provisions of Section 27A of Customs Act, 1962 are not attracted. Government also notes that excess warehouse charges of ₹ 18,880/- are already ordered to be refunded - Government do not find any infirmity in the impugned Order-in-Appeal and therefore upholds the same - Decided against assessee.
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