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The HC held that the appellant is entitled to a refund with interest under Section 27A of the Customs Act, 1962, from 02.08.1999, recognizing the concessional duty rate for capital goods imports as per the DGFT-issued license. The court rejected the Department's contrary position, emphasizing that Customs authorities must align with DGFT decisions unless the license is revoked or fraudulently obtained, which was not alleged. Prolonged litigation from 1999 to 2025 was deemed unjustified, warranting compensation for the appellant. The ruling affirms that interest on refunds is payable where statutory provisions exist, and the appellant's claim for EPCG benefits under Notification No. 28/97-Cus is upheld, resulting in a favorable outcome against the Revenue.
The HC held that the appellant is entitled to a refund with interest under Section 27A of the Customs Act, 1962, from 02.08.1999, recognizing the concessional duty rate for capital goods imports as per the DGFT-issued license. The court rejected the Department's contrary position, emphasizing that Customs authorities must align with DGFT decisions unless the license is revoked or fraudulently obtained, which was not alleged. Prolonged litigation from 1999 to 2025 was deemed unjustified, warranting compensation for the appellant. The ruling affirms that interest on refunds is payable where statutory provisions exist, and the appellant's claim for EPCG benefits under Notification No. 28/97-Cus is upheld, resulting in a favorable outcome against the Revenue.
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