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Commr. of Customs (Port) , Kolkata Versus M/s. Assam Company (India) Ltd.

2017 (9) TMI 400 - CESTAT KOLKATA

Interest on delayed refunds - the original order of assessment was passed as early as 6/1/1995. The refund claim of the respondent was originally made before the authorities on 7/10/1996 - The adjudication of the dispute has a checkered history - Held that: - The question of payment of interest by revenue authorities for delayed payment of interest has come up before the Hon’ble Supreme Court in the case of Ranbaxy Laboratories Ltd. [2011 (10) TMI 16 - Supreme Court of India], where it was held .....

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ical) Sri S. N. Mitra, A.C. (A.R.) for the Appellant Sri N.K. Chowdhury, Advocate for the Respondent ORDER Per Shri V. Padmanabhan The appeal is filed by Revenue against Order-in-Appeal No. KOL/CUS/CKP/51/2012 dated- 28/03/2012. 2. The respondent imported fertiliser classifiable under the Customs Tariff Heading 3105.59 and claimed clearance at nil rate of duty. However, the customs department ordered for classification of the same under Customs Tariff Heading 2834.21 and imposed customs duty whi .....

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ppeal), he passed the impugned order in which he sanctioned the payment of interest in terms of Section 27A of the Customs Act, 1962 from three months after the date of receipt of refund application till date of payment of refund to the respondent. Aggrieved by the decision, the Revenue has filed the present appeal. 3. With the above background, we heard Shri S.N. Mitra, A.C. (A.R.) for the department and Shri N.K. Chowdhury, Advocate for the department . The Ld. Counsel for the department submi .....

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able for any refund which is paid beyond the period of three months from the date of receipt of such application. This position has ben clarified by the Hon ble Supreme Court in the case of Ranbaxy Laboratories Ltd. Vs. Union of India reported in 2011 (273) E.L.T. 3 (S.C.). 5. He have heard both the sides and perused the case records. In the present case, the original order of assessment was passed as early as 6/1/1995. The refund claim of the respondent was originally made before the authoritie .....

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the record that the respondent has made such claim for interest only after receiving the main refund amount. 6. The statutory provision of payment of refund on delayed refunds under Section 27A which was inserted w.e.f. 26/5/1995 and the same is reproduced below : SECTION 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 th .....

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pplication 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 Commissioner (Appeals), Appellate Tribunal, National Tax Tribunal or any court against a .....

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