1996 (8) TMI 124

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....r of invoice No. 83/P.G.-45, dated May 18, 1983 declaring the value totalling to £ 14,840 (CIF Calcutta). They also claimed that the goods were covered by O.G.L. as per Appendix No. 10, Serial No. 1 of ITC Policy AM '83 as components for manufacture of Air Separation Plant at their factory. The Collector who adjudicated the proceeding based upon the examination report of the Machinery Export Appraiser and report of M/s. A.G.A. Industrial Gases Ltd., U.K. observed that these goods were old, used and second hand and capital goods and import on such amount was not permissible. He determined the value at £ 21,750/- as against the declared value of £ 14,840 (CIF Calcutta). Accordingly, he ordered for confiscation of the goods but he gave an o....

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....aterials on record and after hearing the submissions advanced on behalf of the parties and on consideration of the order of the CEGAT passed in the aforesaid appeal setting aside the order of confiscation and passing an order that the writ petitioner was entitled to consequential relief, I am of the view that the writ petitioner is entitled to refund of the aforesaid sum with statutory interest which is to be calculated under section 27A of the Customs Act. In paragraph 4 of the writ application it has been categorically stated that the writ petitioner filed such application for refund before the respondent No. 2 on April 6, 1992. It appears from the record of this case that time to file affidavit-in-opposition to the writ application was e....

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....e aforesaid sum with statutory interest. After hearing the Learned Counsel for the parties and after going through the materials on record I am also of the view that the amount stated in the application is to be refunded with statutory interest in terms of section 27A of the Customs Act. By a subsequent notification issued on this question it has now been decided that the Central Board of Excise and Customs has fixed the rate of interest at 15% per annum for the purpose of the said section. Therefore, I am of the view that since the writ petitioner was not paid the amount as mentioned in the application since April 6, 1992 the writ petitioner is also entitled to get refund of the aforesaid sum with statutory interest which is to be paid in ....