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The HC held that Section 28AA of the Customs Act, 1962, which mandates interest payment in cases of unpaid or short-paid duties, does not apply to the surrender of un-utilized MEIS scrips by the petitioner. Since the petitioner's case does not involve any duty default, the levy of interest on surrendered MEIS scrips is not legally sustainable. The impugned demand notices issued by the 6th respondent directing payment of interest were found to be without jurisdiction and contrary to statutory provisions and the relevant public notice. Consequently, the HC quashed the demand letters dated 27.11.2019 and 12.03.2021 and allowed the writ petition, affirming that no interest is payable on the surrender of un-utilized MEIS scrips.
The HC held that Section 28AA of the Customs Act, 1962, which mandates interest payment in cases of unpaid or short-paid duties, does not apply to the surrender of un-utilized MEIS scrips by the petitioner. Since the petitioner's case does not involve any duty default, the levy of interest on surrendered MEIS scrips is not legally sustainable. The impugned demand notices issued by the 6th respondent directing payment of interest were found to be without jurisdiction and contrary to statutory provisions and the relevant public notice. Consequently, the HC quashed the demand letters dated 27.11.2019 and 12.03.2021 and allowed the writ petition, affirming that no interest is payable on the surrender of un-utilized MEIS scrips.
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