2024 (11) TMI 136

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.... 100% nylon yarn raw white in yanks stock lot under 23 bills of entry between August 2013 to September 2014. The goods imported were provisionally assessed on account of verification undertaken by the department qua the description, value and availability of Notification No. 30/2004-CE dated 09.07.2004 with respect to the said goods from levy and collection of countervailing duty. The bills of entry were finally assessed, accepting the declared value of description of goods under final assessment orders dated 28.02.2017. The appellant therefore filed a claim for refund of an amount of Rs.46,50,912/- paid as 20% deposits under the PDA Regulation, 2011. The appellant also made a claim for interest on the said sums. Vide order dated 19.06.2017....

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....und admissible and disbursed to the assessee in full and the same cannot be wished away by the Revenue. In support of his submission, he relies on the following decisions: Impressive Management Solutions Pvt Ltd vs. CGST, Chandigarh - [Final Order No. 60090/2023 dated 06.04.2023 in ST/60268/2022] Parle Agro Pvt Ltd vs. CGST, Noida [2022 (380) ELT 219 (Tri. All.)] CCE Panchkula vs. Riba Textile Ltd [2022 (62) GSTL 136 (P&H)] Riba Textiles Ltd vs. CCE Panchkula [Final Order No. 60015/2020 dated 07.01.2020 in E/60446/2018] 5.1 On the other hand, the learned AR for the Revenue reiterates the findings of the impugned order and submits that the provisional assessment and final assessment are common phenomena in Customs and are governed u....

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....inal Order No. 60376/2023 dated 13.09.2023 in Appeal No. C/60442/2022], wherein on identical facts, this Tribunal has dismissed the appeal of the appellant-assessee. 6. I have considered the submissions made by both the parties and perused the decisions relied upon by both the parties. I find that this issue is no more res integra and this Tribunal in the case of M/s Saraswati Knitwear Pvt Ltd (supra) has examined this issue and held that the appellant-assessee is not entitled to interest on refund if the assessment is finalized within three months as prescribed under Section 18(4) of the Customs Act, 1962. It is pertinent to reproduce the relevant findings of the Tribunal, which are reproduced herein below: "6. After considering the sub....

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.... the proper officer may direct that the duty leviable on such goods be assessed provisionally if the importer or the exporter, as the case may be, furnishes such security as the proper officer deems fit for the payment of the deficiency, if any, between the duty as may be finally assessed or re-assessed as the case may be, and the duty provisionally assessed.] 2 [(1A) Where, pursuant to the provisional assessment under sub-section (1), if any document or information is required by the proper officer for final assessment, the importer or exporter, as the case may be, shall submit such document or information within such time, and the proper officer shall finalise the provisional assessment within such time and in such manner, as may be pr....