2014 (3) TMI 353

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.... ladies nighties as woven fabrics. Subsequently, he filed another shipping bill declaring the goods correctly under claim for drawback. The case was adjudicated and the goods were confiscated but the appellant was allowed to redeem the goods on payment of fine of Rs. 4 lakhs and penalty of Rs. 1 lakh vide order dated 11-11-1994. The appellant made the payment of fine and penalty but contested the same before this Tribunal and this Tribunal vide Order No. CII/639/WZB/2001, dated 12-3-2001 [2001 (134) E.L.T. 449 (Tri.-Mum.)] set aside the confiscation as well as redemption fine and the penalty was reduced from Rs. 1 lakh to Rs. 10,000/-. Consequent to the Tribunal's order, the Asstt. Commissioner of Customs allowed refund of redemption fine a....

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....en the matter was once again adjudicated by the Tribunal in the second round of litigation, the Tribunal vide order dated 16-11-2010 had allowed the appeal. Thus, the plea of the appellant for allowing interest already stands approved by the Tribunal and, therefore, the same cannot be denied by the lower authorities. 3.3 The learned Advocate also submits that as per Section 129EE of the Customs Act, 1962, interest on delayed refund of the amount deposited under the proviso to Section 129E is permissible at the rate specified in Section 27A of the Customs Act, after the expiry of three months from the date of communication of the order of the appellate authority till the date of refund of such amount. In the present case the appellan....