TaxTMI 
TaxTMI 
2022 (6) TMI 109
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....dent ORDER Heard the parties. 2. The issue involved in these appeal is whether the Commissioner (Appeals) has rightly rejected the claim of interest, on the grant of belated refunds, by referring to the limitation under Section 128 of the Customs Act. 3. The appellant is an importer, who imported fabrics. At the time of import, the goods were assessed at a higher value than the declared value ....
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....ppellant approached the DGFT for allowing re-credit of the amount refunded by way of credit to the scrips. Further, the DGFT rejected the recredit in the scrips/licence. Thereafter, the appellant again approached the Adjudicating Authority for grant of refund of the amounts in cash. However, the same was refused by order dated 7.11.2019 of the Adjudicating Authority mentioning that there is no suc....
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....ing refund of the amount in cash. However, as regards the claim of interest as per provisions of Section 27 A, the same was rejected, observing that the original order of refund had been issued on 30.09.2020/06.06.2019, whereas the appeal for interest has been filed in December, 2019 and the same is hit by limitation under Section 128 of the Customs Act. 6. Ld. Counsel for the appellant assailing....
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....tatute provides for mandatory payment of interest, and there is no discretionary power with the Revenue Authority in the matter of interest. Accordingly, he prays for grant of interest, as per Statute. 8. Ld. Departmental Representative for the respondent/Department relies on the impugned order. 9. Having considered the rival contentions, I find that the ld. Commissioner (Appeals) has mis-concei....