2002 (1) TMI 464

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....pondent. [Order]. - The Tribunal vide its final order No. A/2213-00/NB(SM), dated 23-11-2000 had remanded the matter to Commissioner (Appeals). The Tribunal had observed in its order that the Commissioner of Customs (Appeals) had allowed appeal filed by M/s. Oswal Woollen Mills but had not discussed their prayer with regard to the payment of interest under Section 27A of the Customs Act, 196....

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....-4-2001. In this order, the Commissioner (Appeals) has made the following observations :- "Now examining the plea of the appellant for payment of interest from 26-8-95 i.e. on the expiry of three months of the coming into force of the Finance Act, 1995, it is seen that the claim for interest is as per Section 27A of the Customs Act. Section 27A of the Customs Act allows for payment of interest,....

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....ment of interest under Section 27A will not arise in respect of the refund of deposit made by the appellants." Consequently, the Commissioner (Appeals) has rejected the plea of the party for payment of interest. 4. The present appeal is against the impugned order. I have heard Shri N.B. Jain, Company Secy of the appellant party and Ms. K.A. Mishra, SDR for the respondents. The learned r....

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....ommissioner (Appeals) though allowed their appeal for the refund of Rs. 8,70,103.17 but there was no finding as to the interest on this amount. Consequently, the matter is remanded for re-consideration to the lower appellate authority on the point of interest by the Tribunal. Since admittedly the party never staked any claim for interest and had only been agitating for the refund amount, the quest....