2004 (3) TMI 486

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r the Respondent. [Order]. - The short question arising for consideration in this case is whether the limitation provisions under Section 27 of the Customs Act are applicable to a claim for refund of interest paid under Section 61(2) of the Act. 2. Briefly stated, the facts of this case are : The raw material imported by the appellants were in-bonded/warehoused on 18-3-99 and ex-bond....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ment is that the duty of customs referred to under Section 61(2) is only in the nature of a measure of interest leviable for the period beyond the prescribed interest-free period of warehousing. The Counsel has, in this connection, relied on the decision of this Bench in Sunil Synchem Ltd. v. Commissioner of Customs, Jaipur [2003 (157) E.L.T. 58]. Counsel submits that, undisputedly, no interest wa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in the instant case. Counsel, in his rejoinder, submits that Section 27 happened to be mentioned in the refund application only by mistake. 5. I have carefully considered the submissions. The Commissioner (Appeals) appears to have rightly rejected the plea of the appellants that Section 27(1)(b) is not applicable to a claim of refund of interest paid under Section 61(2) of the Act. A plain....