2015 (12) TMI 996

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.... benefit in the year 2006. As a result refund of the redemption fine, penalty and differential duty became due to them. The refund of redemption fine and penalty was allowed by the Revenue. The refund of duty was allowed but appropriated to Consumer Welfare Fund. They agitated the matter and the Commissioner (Appeals), who directed the refund of the duty amount. The relevant dates are as follows:- S.No. Details Dates 1. Date of Import 24/02/2001 2. Date of order of payment of redemption fine, penalty and duty 02/05/2001 3. Date of CESTAT order setting aside above order 17/06/2006 4. Refund application filed 13/11/2006 5. Date of Refund of fine and penalty 07/01/2008 6. Date of refund of duty 26/02/2008 2. The appellant....

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.... through the rival submissions. I find that the appellants have relied on the decisions of Hon'ble High Court taken in its writ jurisdiction. The Tribunal is a creature of the Act and cannot go beyond the powers granted to it under the Act. There is no provision in the Act for allowing refund along with interest either at Commercial rates or at compounded rates or from the date of payment of duty. The Section 27A, as it existed at material time when CESTAT order was passed in 2006, clearly prescribed that the refund of duty has to be granted along with interest from the filing of application under Section 27 (1) of Customs Act, 1962. The Section 27A as it existed in the year 2006 reads as follows:- 27A . Interest on delayed refunds. -....