2022 (1) TMI 171

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....t the declared value of Rs. 32,37,557/-. Bill of Entry No. 770385 dated 24.02.2009 was filed by the appellant for clearance of said vehicle for home consumption after payment of requisite customs duty ( Rs. 34,83,899/- ) The vehicle was ordered for home consumption by the proper officer. The vehicle however, was sold to Shri Mohammed Farooq Sarang on 02.03.2009 for an amount of Rs. 73 lakh. Rs. 53 lakh were received as the advance payment. However, on 15.07.2009 DRI seized the said vehicle from said Shri Mohammed Farooq Sarang alleging illegality in import and forced Shri Mohammed Farooq Sarang to make payment of Rs. 26,93,993/- towards differential duty along with Rs. 1,62,746/- as interest. Show cause notice dated 15.06.2011 was issued. D....

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..../2019 dated 02.03.2021 has already held the entitlement of the assessee for the interest at the rate of 12% with respect to the delayed payments. It is submitted that since the demand was prima facie unsustainable, the denial of interest is unjustified and unreasonable. Order accordingly, is prayed to be set aside. 4. To rebut the submissions, learned Departmental Representative has mentioned that the refund has been sanctioned within three months of the relevant refund application. Hence the interest is rightly been denied. Appeal is prayed to be dismissed. 5. After hearing both the parties and perusing the record, my considered opinion is as follows: The refund of Customs duty is available in terms of Section 27(1) of Custo....