TMI Blog2015 (12) TMI 996X X X X Extracts X X X X X X X X Extracts X X X X ..... covers only the payment of interest on duty. Since there is no such provision in law, the same cannot be allowed. - Decided against Assessee. - Appeal No. C/541/12 - Final Order No. A/3722/2015-WZB/SMB - Dated:- 20-11-2015 - Mr Raju, Member (T) For the Appellant : Shri. C.M. Sharma, Consultant For the Respondent : 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the date of payment of duty, fine and penalty to the date of refund at the commercial rate of interest. ii) Alternatively interest from the three months from the date of orders of Tribunal to the date of refund of duty, fine and penalty. iii) Interest on delay in payment of interest. iv) Interest at commercial rates In support of their claim the learned Counsel cited following decisions: i) Metal Distributors Ltd., Vs. UOI Others 1988 (33) ELT 321 (Bom) ii) Goldstone 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) Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Government by Notification in the Official Gazette, on such duty from the date immediately after the expiry of three months from the date of receipt of such application till the date of refund of such duty : Provided that where any duty, ordered to be refunded under sub-section (2) of section 27 in respect of an application under sub-section (1) of that section made before the date on which the Finance Bill, 1995 receives the assent of the President, is not refunded within three months from such date, there shall be paid to the applicant interest under this section from the date immediately after three months from such date, till the date of refund of such duty. Explanation. - Where any order of refund is made by the Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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