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2022 (6) TMI 110

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.... Representative for the respondent ORDER Heard the parties. 2.  The issue involved in these appeals is whether the Commissioner (Appeals) has rightly rejected the claim of interest, on the 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 hig....

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....09.2020 C/502010/2021 Om Sai Ram Trading CC(A)CUS/DII/ Export/CD/TKD /934-935/2020- 21 dated 30.09.2020 13,91,720 on 06.02.2017 11,98,373 on 28.12.2017 1,93,347 on 30.09.2020 4.  Thereafter, the appellant 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. There....

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....not in existence. Further, placing reliance on the ruling of this Tribunal, in Final Order No.50438/2020 dated 24.02.2020, in the case of Commissioner of Customs & Excise Vs. M/s. Artex Textile Pvt. Ltd., ld. Commissioner was pleased to allow the appeal in part directing refund of the two amounts in cash. However, as regards the claim of interest as per provisions of Section 27 A, the same was rej....

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....s from the date of receipt of the application, that shall be paid to the applicant with interest at such rate, as notified, on such duty, from the date immediately after the expiry of three months, from the date of receipt of such application, till the date of refund of such duty. Thus, the statute provides for mandatory payment of interest and there is no discretionary power with the Revenue Auth....