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2016 (2) TMI 651 - CESTAT AHMEDABAD

2016 (2) TMI 651 - CESTAT AHMEDABAD - TMI - Clim of interest on Refund - period of limitatiaon - refund arose on account of finalization of provisional assessment - Held that:- refund should be sanctioned within 3 months from the date of assessment of duty finally, and if not done so, then the interest shall be paid till the date of refund of such amount. In the instant case, it is undisputed that provisional assessment was finalized vide letter no. F.No. V Misc(30)23/IOCL/B.E./2005 dated 22.02. .....

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tive ORDER PER : MR. P. M. SALEEM In the present appeal, the appellant herein M/s Indian Oil Corporation Ltd. is before us on the issue of interest on refund. 2. The brief facts of the case are that the appellant had filed a refund claim of ₹ 21,20,013/- on 23.09.2011 before the Adjudicating Authority, arising out of finalization of a provisional assessment of Customs duty. The said refund claim was rejected by the said authority on the ground that the refund claim was time barred, as the .....

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and allowed the appeal with consequential relief. Consequent upon the same, the appellant vide its letter dated 09.07.2014 filed on 10.07.2014 requested the sanctioning authority/adjudicating authority to process their refund claim in light of the said CESTAT order. The adjudicating authority has sanctioned the said refund of ₹ 21,20,013/- vide impugned order in terms of Section 27 of the Customs Act, 1962 read with Section 18 of the Customs Act, 1962. However, the adjudicating authority h .....

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paid if refund of the excess amount of duty paid is not refunded within 3 months from the date of final assessment. He relies upon the decision of this bench of the Tribunal in the case of Himson Textile Engg. Inds. P. Ltd. vs CCE, Surat-I 2006 (72) R.L.T 827 (CESTAT-Mum.), which is on identical issue and the decision of the Hon ble High Court at Allahabad in the case of Siddhant Chemicals vs. Union of India 2014 (307) E.L.T. 44 (All.). 4. On the other hand, the Learned Authorised Representativ .....

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ed 04.07.2014 and submits that the Hon ble Tribunal allowed the appeal of the appellant with consequential relief, if any, in the said order. Therefore, he contents that it is not a remand order and the refund should be sanctioned by the Department as per the provisions of law, which includes interest on delayed refund. 6. On consideration of the arguments of both sides and on perusal of the records, it is observed that the issue pertains to interest on refund arising out of a finalization of pr .....

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at refund should be sanctioned within 3 months from the date of assessment of duty finally, and if not done so, then the interest shall be paid till the date of refund of such amount. In the instant case, it is undisputed that provisional assessment was finalized vide letter no. F.No. V Misc(30)23/IOCL/B.E./2005 dated 22.02.2008. Therefore, the appellants are eligible for refund consequent to the said finalization. As the refund is not sanctioned within 3 months from the said date, the appellant .....

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7; 3,20,473/- which was sanctioned by the Deputy Commissioner vide his Order dated 08.04.2002. However, they were not given any interest on the said refunded amount. Being aggrieved with the said order on the point of interest appellant filed an appeal before Commissioner (Appeals). Appellate authority observed that the appellate did not make any request or grant of interest at the time of filing refund claim and as the order of Deputy Commissioner did not discuss the issue of interest, appeal o .....

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