TaxTMI 
TaxTMI 
2004 (9) TMI 533
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....der]. - The instant appeal has been filed by M/s. Rajendra Mechanical Industries Limited, Mumbai against the Order-in-Appeal No. KOL/CUS/122/ CKP/2003, dated 30-9-2003 passed by the Commissioner of Customs (Appeals), Kolkata. 2. The issue involved relates to admissibility of the payment of interests under Section 27A of the Customs Act, 1962 in respect of refund of penalty, security furnis....
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.... and Shri J.R. Madhiam, ld. JDR for Revenue. Shri Chakraborty reiterates the grounds given in their appeal petition. Shri Madhiam submits that Commissioner (Appeals), order is correct in law and as such the appellant's Appeal to be rejected. 4. The interests on delayed refund is covered under Section 27A of the Customs Act which reads as follows :- "If any duty ordered to be refunded under ....
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....funded within three months from such date, there shall be paid to the applicant interest under this section from the date immediately after three months from such date, till the date of refund of such duty. Explanation - Where any order of refund is made by the Commissioner (Appeals), Appellate Tribunal or any court against an order of the [Assistant Commissioner of Customs or Deputy Commissioner....
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....s applicable in respect of delayed refund of duty only. The term 'duty' has been defined under Section 2(15) of the Act, which means a duty of Customs leviable under the Act. Section 27 of the Act refers to the refund of duty paid by any person, in pursuance of an order of assessment. Deposits of penalty, security or bank guarantee do not fall within the ambit of Section 27 of the Customs Act. Hen....