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Interest on Penalty

kadam kumar

Sir,

Please provide me the details of any case laws which deals in the interest on penalty in accordance with the Customs Act,1962 where interest on penalty is not paid to the petitioners in terms of Refund Sanctions under Section 27 and 27(A) of Customs Act,1962.

If there is a case law then please mail me the order/judgement of the same as I am in urgent need of the same for filing the  appeal against the Hon'ble  Bombay High Court Orders.

Thnx a lot.

Kadam Kumar-9867315876.

[email protected]

Interest on penalty under customs law: no statutory basis found and no precedents located to support interest claims. Query whether interest is payable on penalty amounts under the Customs Act, 1962 in refund proceedings under Sections 27 and 27A; requester sought a CEGAT order said to direct interest on delayed refunds. Respondents observed no provision expressly levying interest on penalty amounts and, after search, could not locate relevant precedents or the cited tribunal order. (AI Summary)
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YAGAY andSUN on Jul 10, 2013

there is no provision in the Customs Laws which enumerates that interest is leviable on penalty amount.  I will dig out required case law and will revert accordingly. 

kadam kumar on Jul 10, 2013
Sir,
Currently I am looking after Refund Cases of  Mumbai Customs, I am in great need of old cegat orders copy . The details of the case is:
 
Name: Abdulla Gani/T.Nazeem (Petitioner)
Cegat Order No:1722/1723 of 1990 dated 01.10.1990 of WRB Bombay.
 
I humbly request you to please provide the copy of the same at the earliest as we have to file an appeal in the Supreme Court against the Order of Bombay High Court in respect of Abdulla Gani/T.Nazeem Vs Commissioner of Customs,Mumbai/Union of India.
 
The order directed the Revenue to pay interest on delayed refund.
 
So, Please mail me the copy of the CEGAT Order No:1722/1723 dated 01.10.1990 of WRB Bombay.
 
I tried all the possible ways to get the copy of the said order but all in vain.
 
Looking for an early reply.
 
Thnx a lot.
 
Kadam Kumar-9867315876.
YAGAY andSUN on Jul 11, 2013

Invested 4 hours for searching the case law but could not found out any reference in this regard.

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