2023 (8) TMI 1160

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....that, appellant M/s.Nanda Agency House Shipping Services Pvt. Ltd. filed Bill of Entry dt. 28.08.2015 for clearance of goods viz. "Glass Bottom Boat Looker 350" for which classification was declared as CTH 89011030 attracting 'Nil' rate of duty. The Department was of the view that the correct classification was CTH 89039200 attracting merit rate of duty which resulted in payment of duty of Rs.93,47,327/- by the appellant. Thereafter, the bill of entry was reassessed classifying the goods under CTH 89011030 at 'Nil' rate of duty itself. The appellant filed refund claim of the duty of Rs.93,47,327/- paid by them vide challan dt. 01.09.2015. The refund claim was filed on 03.02.2016. The refund ought to have been granted on 03.05.2016. However,....

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....hennai which involved huge expenditure. The appellant had intended to start business using the imported boat for the purpose of tourism. All these eventualities caused immense financial constraints upon the appellant who had to borrow loan from private financiers also. The appellant is suffering huge monetary loss due to the interest paid to the bank and other private financial institutions. It is prayed that the appellant ought to be allowed interest at the rate of 9% for 455 days as computed from the date of payment of duty itself. 4. Ld. Counsel relied upon the decision in the case of CC Airport & ACC, Bangalore Vs Pfizer Products India Pvt. Ltd. - 2015 (324) ELT 259 (Kar.) and decision of the Hon'ble Supreme Court in the case of Ranbax....