TMI Blog2021 (7) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... ver, the proviso to the substituted provision clarified that all amounts deposited under Section 129E prior to the commencement of the substituted provision on and from 2014 would be guided by pre-amended section 129EE. The interest on the pre-deposit refunded to the appellant is to be determined as pre amended Section 129EE of the Customs Act i.e., for a period commencing after expiry of three (3) months from the date of communication of the order of the appellate authority till the refund of such amount and not from the date of deposit of the said amount till the date of refund. Appeal dismissed. - CUSTOMS EXCISE APPEAL No.16 OF 2021 - - - Dated:- 29-6-2021 - HON'BLE SRI JUSTICE JOYMALYA BAGCHI AND HON'BLE SRI JUSTICE K. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Appeals, who set-aside the interest component ordered in favour of the appellant on the ground that the deposit of duty and penalty made by the appellant is not a pre-deposit in terms of Section 129E of the Customs Act. Appellant filed appeal before the Tribunal, who reversed the order of the first appellate authority and held that the deposit made by the appellant was pre-deposit under Section 29E of the Customs Act, 1962 and interest as applicable on pre-deposit needs to be paid to the appellant. Department, however, filed an application for rectification claiming there were certain errors apparent on the face of the order. After hearing the parties, the Tribunal rectified its own order, holding as follows: 4. Heard both sides and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to such conditions as he or it may deem fit to impose so as to safeguard the interests of revenue: Provided further that where an application is filed before the Commissioner (Appeals) for dispensing with the deposit of duty and interest demanded or penalty levied under the first proviso, the Commissioner (Appeals) shall, where it is possible to do so, decide such application within thirty days from the date of its filing. B. The last but one sentence in Para 9 of the final order shall be substituted by the following: Consequently, the interest, as applicable during the period, on pre-deposit under section 129EE, needs to be paid to the appellant. 5. The application for rectification of mistake is disposed of as above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as appellate authority), under the first proviso to section 129E, is required to be refunded consequent upon the order of the appellate authority and such amount is not refunded within three months from the date of communication of such order to the adjudicating authority, unless the operation of the order of the appellate authority is stayed by a superior court or tribunal, there shall be paid to the appellant interest at the rate specified in section 27A after the expiry of three months from the date of communication of the order of the appellate authority, till the date of refund of such amount. 7. Subsequently, the aforesaid provision was substituted by Act 25 of 2014, which came into force on 06.08.2014: 1[129EE. Interest on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest on pre-deposits which were made prior to 2014 would be at a rate specified in Section 129EE (prior to its substitution) and for a period commencing after expiry of three (3) months from the date of communication of the order of the appellate authority till the date of refund. 9. We note that in the rectified order the Tribunal has merely clarified this fact as in its earlier order a wrong provision had been quoted. Hence, we reiterate that the interest on the pre-deposit refunded to the appellant is to be determined as pre amended Section 129EE of the Customs Act i.e., for a period commencing after expiry of three (3) months from the date of communication of the order of the appellate authority till the refund of such amount and not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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