TMI Blog2023 (8) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... d considered all such facts to grant increased rate of interest. The Commissioner (Appeals) has relied on the said cases only to take the view that the appellant is eligible for interest due to delay. This does not mean that an assessee is always eligible for enhanced rate of interest than the notified rate of interest - there are no circumstances in the present case warranting to grant increased rate of interest to the appellant. The decision in the case of M/S BBM IMPEX PVT. LIMITED VERSUS PRINCIPAL COMMISSIONER OF CUSTOMS (PREVENTIVE) , NEW DELHI [ 2022 (8) TMI 1118 - CESTAT NEW DELHI ] is not applicable to the facts of this case as the same is with regard to the refund of pre-deposit. Appeal is dismissed as being devoid of mer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7A of Customs Act, 1962. The said claim of interest was rejected vide Order-in-Original dt. 18.04.2018. Aggrieved by such order, the appellant filed appeal before the Commissioner (Appeals) who vide order dt. 22.06.2018 directed to pay interest from 03.05.2016 to 11.01.2017 @ 6%. Accordingly, the appellant was sanctioned interest of Rs.3,88,746/-. Aggrieved by such order passed by Commissioner (Appeals) who has granted interest only @ 6%, the appellant is now before the Tribunal. 3. Ld. Counsel Ms. Madhumitta Bagchi appeared and argued for the appellant. It is submitted that the appellant had imported Looker Boat from Russia and had furnished all the records before the department evidencing that the Boat is a 30 seater boat meant for tou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal may be allowed. 5. Ld. A.R Sri R.Rajaraman appeared for the appellant. It is submitted that as per the provisions contained in Section 27A, interest is liable to be paid only in case of delay after 3 months from the date of application of refund. In the present case, the application for refund is filed on 03.02.2016 and the refund ought to have been granted on 03.05.2016. The appellant has received the refund on 11.01.2017. There is delay of 253 days when computed from 03.05.2016 till 11.01.2017. Interest has been sanctioned @ 6% which is the notified rate of interest. There are no special circumstances in the present case to grant increased rate of interest. He prayed that the appeal may be dismissed. 6. Heard both sides. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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