2020 (2) TMI 10

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....2016 rejected the interest refund claimed filed by the Appellant amounting to Rs. 33,27,042/- (Rs. Thirty Three Lakhs Twenty Seven Thousand Forty Two Only). 2. Facts of the case are that the Appellant had imported consignment of Tin Plate Waste/ Waste Sheets/Coils, secondary material in guise of 'Tinplate Prime' so as to pay less amount of customs duty instead of 05% basic customs duty on the secondary material in place of 20 % BCD plus CVD at the rate of 16% plus 2% ED Cess on CVD. The investigation was taken up by SIIB Officer of the Customs House and during investigation a sum of Rs. 25 Lakhs was deposited pending investigation. Show Cause Notices dated 24.07.2006 was issued to the Appellant, which was adjudicated by the Commissioner ....

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....rned with interest in terms of provisions of Customs Act read with CBEC Circular No. 984/08/2014-CX dated 16/09/2014 paragraph 5 of the Circular, which is reproduced as under; 5. Refund of pre-deposit: 5.1 Where the appeal is decided in favour of the party / assessee, he shall be entitled to refund of the amount deposited along with the interest at the prescribed rate from the date of making the deposit to the date of refund in terms of Section 35FF of the Central Excise Act, 1944 or Section 129EE of the Customs Act, 1962. 5.2 Pre-deposit for filing appeal is not payment of duty. Hence, refund of pre-deposit need not be subjected to the process of refund of duty under Section 11B of the Central Excise Act, 1944 or....