TaxTMI 
TaxTMI 
2004 (5) TMI 81
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.... certain quantity of Palm Fatty Acid Distilate and Palm Fatty Acid Oil. However these goods were confiscated by an order of the Collector of Customs dated 31st October, 1986 with an option to redeem the same subject to payment of rupees 85 lacs by way of fine and rupees 15 lacs by way of Bank Guarantee. The petitioner paid the aforesaid amount of rupees 85 lacs in cash and secured a rupees 15 lacs by a Bank Guarantee. The petitioner preferred an appeal against the aforesaid order of the Collector of Customs and the appeal was not allowed. So another appeal was taken to the Calcutta Bench of the Customs, Excise and Gold (Control) Appellate Tribunal. By an order dated 30th April, 1990, the CEGAT set aside the order or the Collector of Customs....
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....he question of jurisdiction of the CEGAT is concerned, Mr. Bose submits that the provisions of Section 129B of the Customs Act is wide enough to clothe with the jurisdiction and authority to grant interest by the Tribunal. 4.Mr. Shibdas Banerjee, learned Senior Counsel appearing for the Union of India contends that the CEGAT has no power or jurisdiction to grant any interest on account of refund of the redemption fine. They are to act within the four corners of the statute and from the statutory provision it will appear that the CEGAT has jurisdiction only to grant interest in cases of refund of duty levied or realised by mistake or otherwise. There is no provision for granting interest in case of delayed refund of redemption duty. So, I f....
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....e amendments if the mistake is brought to its notice by the Collector of Customs or the other party to the appeal : Provided that an amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing to liability of the other party shall not be made under this sub-section unless the Appellate Tribunal has given notice to him of its intention to do so and has allowed him a reasonable opportunity of being heard. The Appellate Tribunal shall send a copy - of every order(3) passed under this section to the Collector of Customs and the other party to the appeal. Save as otherwise provided in Section 130 or Section 130E,(4) orders passed by the Appellate Tribunal on appeal shall be final. 5.Upon careful re....