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Ajay Exports Versus Commissioner of Customs (Import) , Mumbai

2015 (12) TMI 996 - CESTAT 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 consequence of Tribunal order. Further more I find that the learned Counsel has failed .....

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d 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 to them. The refund of redemption fine and penalty was allowed by the Revenue .....

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fund 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 seeking: i) interest from the date of payment of duty, fine and penalty to th .....

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olymers 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 payment and commercial rate of interest was rejected. 3. Learned AR relies on the .....

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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 receipt of application under sub-section (1) of that section , there shall be pai .....

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