9911796707
TMI Blog2015 (10) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... y was computed @ 10% (BCD) + 14% (CVD) + 2% + 1% + 2% + 1% + 4% (SAD) and the duty was paid accordingly. However, the bills of entry were re-asessed as per Order-in-Appeal No. Goa/Cus/MP/01 to 04/2009, dated 3-2-2009 passed by the Commissioner of Customs (Appeals), Goa. The said order was accepted by the Revenue and consequent to the said reassessment, the appellant has filed refund claims for the difference of duty between the initial assessment and the reassessment of bills of entry. Refund claim was sanctioned to the appellant on 19-12-2012, i.e. belatedly by nearly two years. However, no interest was given to the appellant. Aggrieved with the non-payment of interest, the appellant filed appeals before the Commissioner (Appeals), Goa for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest. 5. I have carefully gone through the submissions made by the learned AR and also perused the appeal memorandum and relevant records. 5.1 The main ground for rejection of interest claim of the appellant is that they have informed the department for the disclaimer of interest. In this regard, I have gone through the provisions of Section 27 of the Customs Act, 1962 and found that there is no statutory provision regarding filing of any undertaking or disclaiming the interest on refund amount. The provisions of Section 27(A) is unambiguous and it becomes applicable if the refund is sanctioned beyond three months from the date of receipt of refund application made under sub section (1) of Section 27. In the present case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest on refund, the Hon'ble Supreme Court in the case of Ranbaxy [2011 (273) E.L.T. 3 (S.C.) = 2012 (27) S.T.R. 193 (S.C.)] citation it was conclusively held that wherever there is a delay in sanction of refund beyond three months from the date of application, the interest has to be paid to the claimant. 6. In view of my above observation, the appellant is entitled for the interest on delayed sanction of refund in terms of Section 27(A) of the Customs Act, 1962. Since, the deficiency in the documents, if any, has not been considered by the lower adjudicating authority in proper perspective, I remand the matter to the original adjudicating authority to consider the claim of interest made by the appellant afresh and pass a speaking o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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