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2015 (10) TMI 190 - AT - CustomsRejection of Interest on delayed refund payment Appellant imported goods during assessment of bills of entry, Customs Duty was computed and was paid accordingly However, bills of entry were re-asessed and consequent to said reassessment, appellant filed refund claims for difference of duty between initial assessment and reassessment of bills of entry Refund claim was sanctioned to appellant belatedly by nearly two years however, no interest was given Aggrieved with non-payment of interest, appellant filed appeals which was rejected vide impugned order Held that:- main ground for rejection of interest claim of appellant is that they have informed department for disclaimer of interest There is no statutory provision regarding filing of any undertaking or disclaiming interest on refund amount There is no dispute that refund was sanctioned almost after two years from date of filing of application Therefore, appellant is entitled for interest On very issue of interest on refund, Supreme Court in case of Ranbaxy [2011 (10) TMI 16 - Supreme Court of India] held that wherever there is delay in sanction of refund beyond three months from date of application, interest has to be paid to claimant Thus, matter remanded to original adjudicating authority to consider claim of interest afresh Appeal allowed by way of remand Decided in favour of Assesse.
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