2006 (4) TMI 413

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....: C.N.B. Nair, Member (T)]. - Heard both sides and perused the record. 2. This appeal is directed against the order under which the appellant's claim for interest on refund was rejected. The facts of the cases are that the appellants in 1995-96 imported certain consignments of copper scrap at Delhi. The Customs authorities proceeded to value the goods based on London Metal Exchange pric....

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....titled to any relief in the present writ petition. If the incidence of duty has been passed on to the ultimate buyer petitioner, in view of the judgments of the Supreme Court may not be entitled to the refund of duty, however, if the incidence of duty has not been passed on by the petitioner to anybody else it may make appropriate application before the concerned authorities and make a claim in re....

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....ven a refund of about 35 lakhs rupees. Thereafter, the appellant claimed for interest before the Asst. Commissioner on 21-1-2004. In this application interest of Rs. 65 lakhs was claimed for the period from the date of initial payment of excess customs duty. This claim was rejected by the Dy. Commissioner as well as Commissioner (Appeals) on the ground that the appellant's claim for refund is in t....