Reclassification, differential duty, confiscation and penalties quashed where department lacked chemical evidence and improperly reopened past clearan...
The HC allowed the petition, set aside the impugned proceedings dated 13.6.2024 and directed respondents 4 and 5 to pay statutory interest under s.27A on the drawback amount from 12.12.1994 until actual payment in accordance with s.75A of the Customs Act, 1962. The court held that s.75A creates a statutory right to interest where drawback payable under ss.74/75 is not paid within one month of claim filing, and that interest runs from the date of filing the claim (subject to the one-month threshold), not from sanction; the prior administrative interpretation was contrary to the plain statutory language. Petition dismissed in part only as unnecessary; overall petition allowed.
The HC allowed the petition, set aside the impugned proceedings dated 13.6.2024 and directed respondents 4 and 5 to pay statutory interest under s.27A on the drawback amount from 12.12.1994 until actual payment in accordance with s.75A of the Customs Act, 1962. The court held that s.75A creates a statutory right to interest where drawback payable under ss.74/75 is not paid within one month of claim filing, and that interest runs from the date of filing the claim (subject to the one-month threshold), not from sanction; the prior administrative interpretation was contrary to the plain statutory language. Petition dismissed in part only as unnecessary; overall petition allowed.
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