Home Case Index All Cases Customs Customs + HC Customs - 2019 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (11) TMI 543 - HC - CustomsInterest on the delayed refund of Anti Dumping Duty - Relevant time for calculation of interest - calculation of interest from the date of expiry of three months from the making of the applications for refund - HELD THAT:- The Petitioner is entitled to grant of interest in terms of Section 27A of the Customs Act, 1962 i.e. from the expiry of three months, on amount of ₹ 39,46,441/- from the date of the application for refund of the said amount i.e. 18.01.2013 onwards, till the amount was refunded on 27.02.2018. Similarly, the Petitioner is entitled to interest on the amount of ₹ 24,61,739/- from 27.02.2013 onwards till the date of refund i.e. 27.02.2018. After the review, the DA recommended levy of ADD, and the Central Government accepted the recommendations and levied ADD vide notification No. 15/2013-Cus (ADD), dated 03.07.2013. It is to be noted that the Notification No. 15/2013 –Cus does not anywhere state that it has retrospective effect, therefore the aforesaid notification No. 15/2013 –Cus only has prospective effect with effect from 03.07.2013. Thus during the relevant period in the present case, the ADD was not chargeable. The delay in release of the refund claim of the petitioner was not justified and it could not be said that the refund application was made pre-maturely - the Respondents are directed to pay the interest on the aforesaid amounts in terms of Section 27A of the Customs Act within the period of 8 weeks from the date of receipt of the copy of this order - petition disposed off.
|