2026 (1) TMI 1532

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....ollows: 1.1 Department got an intelligence about the appellant importing goods willfully mis-declaring the maximum retail price. Based on the investigations in this respect department alleged that the act has been done with an intent to evade and short paid the customs duty. Accordingly, the short paid duty was proposed to be recovered vide Show Cause Notice No. 10/02/2005/5785 dated 11.07.2005. The said proposal was confirmed vide Order-in-Original No. 09/2009 dated 29.04.2009. 1.2 At the time of filing an appeal before this Tribunal against the said Order-in-Original dated 29.04.2009, the appellant deposited Rs.35 Lakhs pursuant to the order of Hon'ble Delhi High Court which modified the said order passed by this Tribunal bearing No....

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....gned order has granted interest from the date of payment till the date of disbursement but at the rate of 6%. Being aggrieved of the rate of interest awarded that the appellant is before this Tribunal. 2. I have heard Shri Parth Mullick, learned counsel for the appellant and Shri Anand Narayan, learned Authorized Representative for the department. 3. Learned counsel for the appellant has relied upon the earlier decision of this Tribunal in the case of Bird Audio Electronics Vs. Commissioner of CGST, Final Order No. 50172/2022 dated 28.02.2022 in Appeal No. E/51056/2021. Decision of Parle Agro Pvt Ltd. vs. Commissioner of CGST, Noida reported as 2022 (380) ELT 2019 (Tri.-All.) has also been relied upon and the another decision of Princ....

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....rest at the rate of 6%. The decision in the case of M/s. Dinesh Tobacco Industries (Unit-II) Vs. Commissioner of Central Goods and Service Tax, Customs and Central Excise, Jodhpur I, Final order No. 57990-57991/2024 dated 09.08.2024 in Appeal No. E/50455-50456/2019 is relied upon. With these submissions, present appeal is prayed to be dismissed. 5. Having heard the rival contentions. 6. The scope of the present appeal is confined to the issue as follows: "Whether the amount deposited by the appellant as pre-deposit during the pendency of their appeal before this Tribunal after appropriating the demand of duty and penalty confirmed, ought to be disbursed to the appellant along with the interest at the rate of 12% from the date....

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....determining the rate of interest. As per the Notifications, the rate of interest to be paid is 8% from 2-9-2003 to 11-9-2003 and 6% from 12-9-2003 to till date. So, in considered our view, since it is not established that the payment is not made towards "Central Excise Duty", but towards other payment, the argument advanced by the learned counsel for the appellants will not hold good." 9. Hon'ble High Court of Delhi in the case of Commissioner of Customs Vs. M/s. D.D. International Pvt. Ltd. in CM Appl. 48489/2023 vide stay order dated 05.12.2023 has held that the notification issued in exercise of power under Section 129EE of Customs Act, 1962 which is in pari materia to Section 11BB of the Act, since is in existence, the interest shall....