2004 (9) TMI 533

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....Madhiam, JDR, for the Respondent. [Order]. - 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 re....

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....er and authorized signatory for the Appellant 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....

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....995 receives the assent of the President, is not refunded 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 [Ass....

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....sioner's findings that Section 27A of the Customs Act is 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....