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2015 (12) TMI 996 - CESTAT MUMBAI

2015 (12) TMI 996 - CESTAT MUMBAI - 2016 (335) E.L.T. 150 (Tri. - Mumbai) - Claim of interest on refund of the redemption fine, penalty and differential duty - delayed refund - Held that:- Commissioner (Appeals) has followed the provisions of Section 27A and allowed refund from the expiry of three months from the date of application under Section 27 (1). This is what the Section 27A prescribes. Refund has to be allowed as per provisions as it existed at the time when refund arose as a consequenc .....

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Shri. D.K. Sinha, Asst. Comm. (AR) ORDER Per Raju 1. The appellants imported certain goods in the year 2001 and the value of goods was challenged. The good were confiscated and ordered to be release on payment of redemption fine. Penalty was also imposed. They also paid differential duty on the same. They agitated the matters with higher forum and finally the Tribunal granted them the benefit in the year 2006. As a result refund of the redemption fine, penalty and differential duty became due t .....

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ed 13/11/2006 5. Date of Refund of fine and penalty 07/01/2008 6. Date of refund of duty 26/02/2008 2. The appellants are seeking interest of the delay in payment of redemption fine, penalty and duty. The Commissioner (Appeals) allowed the refund of interest on duty amount for the period 13/02/2007 to 25/02/2008 @ 6% per annum. The Commissioner (Appeals) disallowed the interest on the refund of fine and penalty are there is no legal provision for grant of the same. The appellants are in appeal s .....

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tone Engineering Ltd., Vs. OUI - 2005 (181) ELT 11 (AP) iii) Shri Jagdamba Polymers Ltd., Vs. UOI - 2013 (289) ELT 429 (Guj) iv) CIT Vs. Narendra Doshi (SC) v) Binjrajka Steel Tubes Ltd., Vs. CCE, Hyderabad - 2008 (12) STR 788 (Tri-Bang) vi) Standard Pencils Pvt. Ltd., Vs. CCE, Chennai - 2010 (253) ELT 160 (Tri-Chennai) He also cited decision of this Tribunal in their own case where their appeal in identical matter was rejected. In the said order their appeal for interest from the date of paymen .....

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t of duty. The Section 27A, as it existed at material time when CESTAT order was passed in 2006, clearly prescribed that the refund of duty has to be granted along with interest from the filing of application under Section 27 (1) of Customs Act, 1962. The Section 27A as it existed in the year 2006 reads as follows:- 27A . Interest on delayed refunds. - If any duty ordered to be refunded under sub-section (2) of section 27 to an applicant is not refunded within three months from the date of recei .....

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