Tribunal orders interest on pre-deposited amounts, appellant to pay, ruling against delay.

The appeal was disposed of with interest being payable on pre-deposited amounts as per the Tribunal's order. The Tribunal ruled that interest should be paid on the amounts deposited before the refund claim was made, starting from three months after the Tribunal's order in 2003. The Tribunal disagreed with the reasons for any delay in payment and held that interest was due on the deposits made by the appellant.

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Issues involved: Appeal against Commissioner's order regarding duty refund and interest payment on deposited amounts.

Facts: Appellant imported goods, faced investigation, paid sums in 1998, and later claimed refund post Tribunal's order. Appellant sought interest on refunded amounts from deposit dates.

Appellant's Argument: Interest payable on illegally retained money, citing relevant High Court judgments. Interest can be granted by Tribunal as per Interest Act, 1978. Amounts collected during no duty period should attract interest.

Department's Argument: Appellant's payments were duty deposits, treated as duty payment post original authority's order. Refunds post appeal should include interest as per Supreme Court precedent.

Tribunal's Decision: Interest sanctioned by High Courts or Supreme Court relevant. Interest payable on pre-deposited amounts from three months post Tribunal's order in 2003. Disagreed with delay reasons for payment, ruled interest due on deposits.

Conclusion: Appeal disposed with interest payable on pre-deposited amounts as per Tribunal's order.

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