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of <h1>Court rules in favor of petitioner, orders 6% interest on principal from 2003-2004</h1> <h3>M/s. Nino Chaks (P) Ltd. Versus The Commissioner Of Customs (General)</h3> M/s. Nino Chaks (P) Ltd. Versus The Commissioner Of Customs (General) - 2020 (371) E.L.T. 701 (Del.) Issues: Challenge to orders denying interest on amount deposited during investigation.Analysis:1. The petitioner challenged orders by CESTAT denying interest on the amount deposited during an investigation regarding mis-declaration of imported goods.2. The petitioner imported fabrics with PVC backing, leading to duty evasion suspicions and a subsequent investigation.3. During the investigation, the petitioner deposited amounts on different dates, totaling Rs. 28,76,578.4. After an adverse order in 2002, the petitioner appealed to CESTAT, which ruled in their favor in 2003.5. A refund application for the principal amount and interest was made in December 2003.6. The refund, including interest, was paid in May 2004.7. The petitioner claimed interest from the deposit date, alleging coercion, but the court found no evidence of coercion or undue influence.8. Precedents were cited where interest on delayed refunds was not granted unless mandated by statute.9. The court noted the voluntary nature of the deposits and rejected the petitioner's claim for interest from March/May 1998.10. CESTAT's order mandated interest if the amount was not returned within three months, starting from February 2003.11. The court directed interest payment from November 2003 to May 2004 at 6% p.a. on the principal amount.12. The petition was disposed of with these directions.
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