Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Act Rules Bills
    Analysis of Registered Valuer Representation in Income Tax Proceedings : Clause 513 of the Income Ta...
    Act Rules Bills
    Public Disclosure of Tax Offenders : Clause 512 of the Income Tax Bill, 2025 Vs. Section 287 of the ...
    Act Rules Bills
    Legal Framework for International Group Reporting : Clause 511 of the Income Tax Bill, 2025 Vs. Sect...
    Act Rules Bills
    Digital Annual Information Transformation in Tax Administration : Clause 510 of the Income Tax Bill,...
    Act Rules Bills
    Crypto-Asset Reporting Obligations under Indian Tax Law : Clause 509 of the Income Tax Bill, 2025 Vs...
    Act Rules Bills
    Evolving Obligations: A Comparative Analysis of Clause 508 of the Income Tax Bill, 2025 and Section ...
    Act Rules Bills
    Transparency and Taxation in Media Production : Clause 507 of the Income Tax Bill, 2025 Vs. Section ...
    Act Rules Bills
    Disclosure Norms for Indian Concerns in Cross-Border Transactions : Clause 506 of the Income Tax Bil...
    Act Rules Bills
    Statutory Reporting by Non-Resident Liaison Offices : Clause 505 of the Income Tax Bill, 2025 Vs. Se...
    Act Rules Bills
    Procedural Safeguards for Assessment of Discontinued Businesses : Clause 504 of the Income Tax Bill,...
    Act Rules Bills
    Continuity of Tax Proceedings after Partition or Dissolution : Clause 503 of the Income Tax Bill, 20...
    Act Rules Bills
    Analysis of Authentication of Notices in Indian Income Tax Legislation : Clause 502 of Income Tax Bi...
    Act Rules Bills
    Legal and Practical Dimensions of Service of Notices under Indian Tax Law : Clause 501 of the Income...
    Act Rules Bills
    Power to provisionally attach property during tax proceedings : Clause 500 of the Income Tax Bill, 2...
    Act Rules Bills
    Voidable Transfers in Tax Law : Clause 499 of the Income Tax Bill, 2025 Vs. Section 281 of the Incom...
    Act Rules Bills
    Changing Face of Criminal Procedure in Income Tax Offence Prosecution : Clause 498 of Income Tax Bil...
    Act Rules Bills
    Procedural Reform in Tax Offence Trials : Clause 497 of the Income Tax Bill, 2025 Vs. Section 280C o...
    Act Rules Bills
    Jurisdictional Framework for Tax Prosecutions : Clause 496 of the Income Tax Bill, 2025 Vs. Section ...
    Act Rules Bills
    Designation and functioning of Special Courts for the trial of offences under the proposed legislati...
    Act Rules Bills
    Legal Protections against Unauthorized Disclosure in Indian Tax Law : Clause 494 of Income Tax Bill,...
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Act Rules Bills
Show AI Summary
Registered valuer representation enables technical valuation expertise in tax proceedings, subject to personal-examination exception and updated registration framework.
Clause 513 grants an assessee the discretionary right to attend valuation-related proceedings before income-tax authorities or the Appellate Tribunal through a "registered valuer," excludes cases where personal attendance is required for examination on oath or affirmation, and defines "registered valuer" by reference to section 514 of the Bill, thereby creating a self-contained regime that modernizes registration, oversight, and professional standards for valuers.
Act Rules Bills
Show AI Summary
Public disclosure of tax offenders can deter non-compliance while imposing reputational consequences under discretionary publication powers.
Clause 512 empowers the Central Government to publish names and particulars of assessees when it considers such publication necessary or expedient in the public interest, subject to a safeguard that penalty-related publication await exhaustion or non-pursuit of appellate remedies, and permits publication of partners, directors and other associated persons if circumstances justify it. The clause modernises language and cross-references from Section 287 of the 1961 Act while preserving substantive continuity, raising interpretive concerns about the breadth of "particulars" and the subjectivity of "public interest."
Act Rules Bills
Show AI Summary
Country-by-Country reporting requires multinational groups to submit consolidated jurisdictional tax and economic data for risk assessment.
Clause 511 mandates Country-by-Country (CbC) reporting by parent entities or alternate reporting entities resident in India and requires Indian constituent entities to notify the tax authority of the parent or ARE. It prescribes report contents-aggregate jurisdictional financial and economic indicators, constituent identification, and business activities-provides a secondary filing route where the parent's jurisdiction lacks filing or exchange, allows designation of a single Indian filer, sets a revenue threshold for applicability, and grants verification powers to the authority, with procedural details to be prescribed.
Act Rules Bills
Show AI Summary
Annual Information Statement: statutory digital disclosure enabling taxpayers to verify and reconcile reported financial data.
The provision requires upload of an Annual Information Statement into the assessee's registered electronic filing account by the prescribed income tax authority or an authorised person, in the prescribed form, manner and time, containing such information as is in the possession of the authority; specifics of content, format and timelines are left to subordinate rules, and the clause confines AIS data to information already held by the authority.
Act Rules Bills
Show AI Summary
Crypto-asset reporting obligations require prescribed entities to file periodic transaction statements and correct inaccuracies promptly.
Clause 509 creates a statutory obligation for prescribed reporting entities to furnish periodic statements on crypto-asset transactions to the income-tax authority in a prescribed form and manner; it provides time-bound notice-and-cure procedures for defective or non-filed statements, mandates prompt self-correction of inaccuracies, and empowers rule-making for registration, record-keeping and due diligence including KYC.
Act Rules Bills
Show AI Summary
Obligation to furnish financial transaction statements expands reporting duties and mandates due diligence, thresholds, and correction procedures.
Clause 508 requires prescribed persons to furnish statements of specified financial transactions and reportable accounts, with rules determining scope, thresholds, form and timing. It mandates registration, record maintenance and due diligence for identifying reportable accounts, sets timelines for rectification of defective statements and correction of inaccuracies, and permits the Board and Central Government to prescribe differential thresholds and procedural details; unrectified defects or failures are treated as inaccurate information, invoking consequences under the Act.
Act Rules Bills
Show AI Summary
Reporting obligations for media producers require disclosure of substantial payments to enhance transparency and tax oversight.
Clause 507 requires persons producing cinematograph films or engaging in specified entertainment activities during any part of a tax year to furnish prescribed statements to income-tax authorities identifying payments made or due to each engaged person that exceed the aggregate reporting threshold; it defines inclusive categories of specified activities, delegates timing, form and manner to subordinate rules (including electronic filing and standardized formats), and emphasizes reporting both actual payments and accrued liabilities to enhance transparency and tax oversight.
Act Rules Bills
Show AI Summary
Disclosure obligations for indirect transfers require Indian concerns to furnish prescribed information to tax authorities.
Clause 506 requires an Indian concern, where a foreign company's shares or interests derive substantial value from Indian assets held through that concern, to furnish prescribed information and documents within prescribed periods and manners to the prescribed income-tax authority to enable determination of income arising in India under the indirect transfer regime. The clause mirrors Section 285A's substantive obligations, defers detailed compliance requirements to rules, and aligns with operational specifics exemplified by Rule 114DB regarding form, timelines, documentary breadth, retention, and group-filing.
Act Rules Bills
Show AI Summary
Statutory reporting by liaison offices requires a fixed sixty day post tax year filing to strengthen compliance and oversight.
Clause 505 requires every non-resident having a liaison office established under RBI/FEMA to deliver a prescribed statement of the office's activities to the Assessing Officer within sixty days from the end of the tax year, with the form and particulars to be specified by delegated legislation and non-compliance subject to general penalty provisions.
Act Rules Bills
Show AI Summary
Service of notice for discontinued businesses allows authorities to serve former members or principal officers to proceed with assessment.
Clause 504 permits the Assessing Officer, where an assessment is to be made under section 320, to serve a notice on the person whose income is to be assessed, any person who was a member of a firm or association of persons at the time of its discontinuance, or the principal officer of a company; such notice may contain all or any of the requirements included in a notice under section 268(1), and the Act's provisions shall apply as if the notice were issued under that sub section.
Act Rules Bills
Show AI Summary
Service of notice after partition preserves tax proceedings by enabling notice on designated former managers or adult members.
Clause 503 secures continuation of tax proceedings after a HUF's total partition or a firm's dissolution by allowing service of notices for pre disruption income on the last manager of the HUF (or, if deceased, all adults who were members immediately before partition) and on any adult partner or member of a dissolved firm or association; a formal finding of partition or dissolution by the Assessing Officer triggers application and minors are excluded from service.
Act Rules Bills
Show AI Summary
Authentication of notices: statutory deeming of validity where designated authority details appear, enabling electronic and paper issuance.
Clause 502 requires notices and documents to be signed and issued in paper form or communicated electronically as per prescribed procedures, deems documents authenticated where the name and office of a designated income-tax authority are printed, stamped or written thereon, and defines designated authorities as those authorized by the Board to issue such authenticated documents, thereby centralizing authorization while delegating procedural detail to subordinate rules.
Act Rules Bills
Show AI Summary
Service of notices: modernised electronic and prescribed modes expand tax communication obligations and board rule making.
Clause 501 prescribes authorised modes for serving statutory tax communications-post or Board approved courier, CPC methods for summons, electronic records under the IT Act, and other prescribed means-while empowering the CBDT to designate addresses (including electronic mail addresses) for service and to prescribe additional modes. It supplies a comprehensive, technology neutral definition of electronic mail covering messages and attachments, thereby modernising and clarifying the law of service and reducing ambiguities present in the earlier statutory cross references.
Act Rules Bills
Show AI Summary
Provisional attachment powers protect revenue by allowing property restraint pending tax proceedings, subject to guarantees and time limits.
Clause 500 empowers the Assessing Officer to provisionally attach assessee property during assessment, reassessment or specified penalty proceedings subject to prior written approval of a defined Competent Authority, execution in the prescribed manner, and a default six month duration extendable for recorded reasons within statutory limits; it permits substitution of a bank guarantee equal to fair market value (or a lower amount if objectively sufficient), mandates valuation by a Valuation Officer, sets timelines for revocation upon guarantee receipt, and prescribes invocation, application and release mechanics for guarantees.
Act Rules Bills
Show AI Summary
Voidable asset transfers: transfers during tax proceedings can be voided against tax claims, with exceptions for bona fide transferees.
Clause 499 renders charges or transfers of assets void against tax claims when effected during proceedings or after completion but before service of recovery notice, covering transfers by sale, mortgage, gift, exchange or any other mode and an expansive list of assets including virtual digital assets. Exceptions protect transfers made for adequate consideration without notice and those with prior permission of the Assessing Officer, while stock in trade is excluded; the clause updates procedural references and preserves core safeguards from the predecessor provision.
Act Rules Bills
Show AI Summary
Application of new criminal procedure code aligns tax prosecutions under updated procedures, altering prosecutor status and qualification requirements.
Clause 498 applies the Bharatiya Nagarik Suraksha Sanhita, 2023 to Special Court proceedings under the Income Tax Bill, deeming the person conducting the prosecution to be a Public Prosecutor and enabling the Central Government to appoint Special Public Prosecutors. Appointments require an experienced advocate with "special knowledge of law", and appointees are treated as Public Prosecutors within the BNSS definition, thereby importing BNSS powers, duties and procedural rules to tax prosecutions.
Act Rules Bills
Show AI Summary
Summons case classification: minor tax offences must be tried by Special Courts under the new criminal procedure framework.
Clause 497 requires that offences under the Income Tax Bill punishable with imprisonment not exceeding two years, or with fine, or with both, be tried as summons cases by a Special Court, overriding contrary BNSS provisions and applying the BNSS summons-case procedure accordingly.
Act Rules Bills
Show AI Summary
Exclusive jurisdiction of Special Courts centralises tax prosecutions, with cognizance only on authorised complaints.
Clause 496 mandates exclusive trial of income tax offences by designated Special Courts, subject to actual designation for relevant areas or classes of cases, and contains a non obstante provision giving it overriding effect over the general criminal procedure code. Cognizance by a Special Court is restricted to complaints filed by authorities authorised under the Act. Transitional rules preserve continuity by allowing designated courts to continue existing and future trials and permitting non designated courts to finish pending matters; the clause cross references the Bill's procedural provision to align competence within the reorganised statute.
Act Rules Bills
Show AI Summary
Special Courts designation enables focused, consolidated trials for tax offences and aligns procedure with the new criminal code.
Clause 495 empowers the Central Government, after consultation with the Chief Justice of the High Court, to notify one or more courts of Judicial Magistrate of the first class as Special Courts for specified areas, cases or classes of cases to try offences under the Income Tax Bill, 2025; it permits these Special Courts to try related offences joined at the same trial under the applicable criminal procedure and updates procedural references to the Bharatiya Nagarik Suraksha Sanhita, 2023, while preserving the core scheme of Section 280A.
Act Rules Bills
Show AI Summary
Unauthorized disclosure by public servants criminalised; prosecution requires Central Government sanction and carries imprisonment and fine.
Clause 494 criminalises unauthorized furnishing of taxpayer information or production of documents by a public servant in contravention of the Bill's secrecy provision, prescribes imprisonment and fine, and requires prior sanction of the Central Government before prosecution.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Interest on Refund of Amounts Deposited under Protest during Customs Investigation

22 September, 2026

Contents
Notifications
Acts
Plus +
Summary
Note

Note

-

Bookmark

Print

Print

This is a neutral professional article. The judgment is analysed in the context of its factual background, issues framed, and conclusions reached by the Court.

2026 (7) TMI 1565 - CESTAT KOLKATA

1. At a Glance

The central question is the rate of interest payable where an amount deposited during a customs investigation is refunded after the demand for which it was retained does not survive. In 2026 (7) TMI 1565 - CESTAT KOLKATA, the Tribunal held that the assessee was entitled to interest at 12% per annum on the refundable investigation deposit, rather than the 6% rate granted by the departmental authorities.

The decision turns on a material distinction. A statutory pre-deposit made for maintaining an appeal under Section 129E is governed by the specific interest mechanism in Section 129EE and the notified rate fixed under that provision. An amount paid during investigation, although it may later be appropriated towards a confirmed demand, does not automatically become a Section 129E pre-deposit merely because a portion of the overall deposit was treated as such for appellate purposes.

Within the territorial jurisdiction concerned, the Tribunal followed the jurisdictional High Court ruling reproduced in the order. That ruling held that, in the absence of a statutory provision fixing interest on refund of an investigation deposit, interest at 12% per annum was payable. The Tribunal therefore set aside the grant of interest at 6% on the investigation deposit.

  • Interest at 12% was allowed on the refundable amount deposited during investigation.
  • The 6% notification issued for Section 129EE was treated as confined to the statutory field occupied by that provision.
  • The outcome rests on the classification and legal character of the payment, not merely on its subsequent appropriation as duty.
  • The decision recognises that jurisdictional High Court precedent binds the Tribunal on the relevant question of law.

2. Background & Context

The assessee imported goods and cleared them after payment of assessed customs duty. During a subsequent investigation into the classification of those goods, the department required a further amount to be deposited pending investigation. The assessee made that payment under protest.

The adjudicating authority thereafter confirmed the differential duty demand and appropriated the investigation deposit towards that demand. In appellate proceedings, the demand confirmation was set aside, and the departmental challenge did not succeed. The assessee consequently sought return of the amount deposited during investigation, together with interest for the period of retention.

A part of the amount was treated as the mandatory 7.5% appellate deposit. The dispute in the appeal was confined to the balance that had been deposited during investigation. Refund was granted, but interest was allowed only at 6% per annum. The assessee contended that the governing rate for the investigation deposit was 12% per annum.

This distinction is significant because customs law contains separate provisions concerning: refund of duty or interest; interest on delayed refund under the refund provision; mandatory deposits for appeals; and interest on refund of the statutory appellate deposit. Treating all refundable amounts as falling under one interest regime can obscure these distinct statutory fields.

3. Key Issues / Provisions

Nature of an investigation deposit

The first issue was whether the amount paid during investigation retained the character of a deposit, notwithstanding its later appropriation upon adjudication. The Tribunal proceeded on the basis that, once the demand was set aside, retention of the investigation deposit lacked legal authority. Its refund was therefore consequential to the failure of the demand.

Refund claim framework under Section 27

Section 27 of the Customs Act, 1962 permits a person claiming refund of duty or interest paid or borne by that person to apply to the Assistant Commissioner or Deputy Commissioner within one year from payment. The material proviso states that "the limitation of one year shall not apply where any duty or interest has been paid under protest."

Section 27(1B)(b) further provides that where duty becomes refundable as a consequence of an appellate or judicial order, the one-year period is computed "from the date of such judgment, decree, order or direction." Section 27(2) requires the refunding authority to determine whether the duty and interest paid are refundable, subject to the statutory rules concerning payment to the claimant or credit to the Fund.

Interest on delayed statutory refund under Section 27A

Section 27A of the Customs Act, 1962 applies where "any duty ordered to be refunded under sub-section (2) of section 27" is not refunded within three months from receipt of the Section 27(1) application. It provides for interest at a rate not below 5% and not exceeding 30% per annum, as fixed by the Central Government, from the day after expiry of the three-month period until refund.

The Explanation to Section 27A deems an appellate or court order of refund against an order under Section 27(2) to be an order passed under Section 27(2) for this purpose. The provision is thus linked textually to a refund ordered under Section 27(2).

Mandatory appellate deposit and Section 129EE

Section 129E of the Customs Act, 1962 makes payment of a prescribed percentage of disputed duty or penalty a condition for entertainment of specified appeals. In the relevant categories, the provision requires a deposit of 7.5% or 10%, subject to a maximum of rupees ten crores.

Section 129EE of the Customs Act, 1962 specifically concerns "Interest on delayed refund of amount deposited under section 129E." It directs payment of interest where an amount deposited under Section 129E is refundable pursuant to an appellate order. Interest runs "from the date of payment of the amount till, the date of refund of such amount," at a rate not below 5% and not exceeding 36% per annum as notified by the Central Government.

Notification No. 70/2014-Customs (N.T.) fixes the Section 129EE rate at 6% per annum. Its operative language is expressly limited to fixing the rate "for the purpose of the said Section."

4. Detailed Analysis

The Tribunal's classification-based approach

The Tribunal did not treat the entire refundable amount as a statutory appellate deposit. It recorded that the mandatory 7.5% portion had been regarded as a pre-deposit, whereas the remaining amount had been deposited during investigation. The latter amount was the subject of the interest-rate dispute.

The distinction determined the result. Section 129EE speaks in precise terms of an "amount deposited by the appellant under section 129E." The investigation deposit did not derive its character from Section 129E. Its payment preceded, and was independent of, the statutory requirement for entertaining an appeal. The notification issued under Section 129EE could consequently not be applied merely because an investigation deposit was later appropriated against a demand or because part of the payment was treated as an appellate pre-deposit.

Effect of the jurisdictional High Court ruling

The Tribunal followed the jurisdictional High Court ruling extracted in the order. The ruling rejected the proposition that the 6% notification under Section 129EE supplied the interest rate for all delayed refunds. It drew a temporal and statutory distinction between an express statutory provision governing delayed refund of pre-deposit and a deposit made during investigation for which no statutory rate had been prescribed.

The Tribunal held that a jurisdictional High Court's interpretation of the relevant legal question is binding on the Tribunal within that jurisdiction. It therefore concluded that the assessee was eligible for 12% interest on the investigation deposit and that the departmental order granting 6% interest was legally unsustainable.

Restitution and absence of authority to retain the amount

The reasoning is consistent with the settled restitutionary principle that an amount retained by the revenue without legal authority must be restored once the foundation for its retention fails. Interest in this setting operates as compensation for the deprivation of use of money and prevents the revenue from benefiting from prolonged retention of an amount that could not ultimately be appropriated.

The character of the payment remains important. A payment described as a deposit under protest during investigation is analytically distinct from a voluntary discharge of an admitted tax liability. Where the underlying demand is annulled, the appropriation of the deposit does not alter the consequence that the amount must be returned.

Supporting and contrasting judicial treatment

2016 (9) TMI 1405 - ALLAHABAD HIGH COURT treated amounts deposited during investigation and subsequently appropriated as pre-deposits made under protest rather than payments of leviable duty. It held that retention after the demand failed was without authority and awarded 12% interest, computed from three months after the appellate order. The authority supports the proposition that investigation deposits may attract restitutionary interest when their retention becomes unlawful.

2007 (11) TMI 318 - HIGH COURT OF JUDICATURE AT BOMBAY also recognised the conceptual distinction between a pre-deposit and duty. On the materials considered in that case, it held that the refundable pre-deposit carried interest at 12% per annum. The decision illustrates the judicial approach that a deposit made to secure or pursue a challenge cannot be equated uncritically with final duty liability.

2002 (3) TMI 69 - HIGH COURT OF JUDICATURE AT KOLKATA addressed refund of a pre-deposit where no statutory interest rate was fixed. It held that the label "deposit" does not defeat entitlement to interest where governmental retention would result in unjust enrichment. The rate fixed there was 18% per annum, demonstrating that courts have historically adopted different compensatory rates in the absence of a governing statutory rate.

The position differs where the payment is unquestionably an amount deposited under Section 129E. In 2023 (12) TMI 1340 - DELHI HIGH COURT, the court applied Section 129EE and held that interest on refund of a statutory pre-deposit must be paid at the notified rate of 6%, not at 12%. That decision does not conflict with the present result: it confirms that the notified rate controls within the statutory domain of Section 129EE. The Tribunal's conclusion rests on the finding that the disputed balance was an investigation deposit outside that domain.

Scope of the ruling

The ruling should not be read as a universal declaration that every refundable amount attracts interest at 12%. The applicable interest basis depends on the legal source and character of the payment, the statutory provision invoked, the period concerned, and binding precedent within the relevant territorial jurisdiction. The present conclusion is specifically directed to delayed refund of the investigation deposit after the demand and its appropriation ceased to survive.

5. Practical Implications

  • Taxpayers should preserve contemporaneous evidence showing that an investigation-stage payment was made under protest and was not an admission of duty liability.
  • Refund applications should identify separately any amount that constitutes a Section 129E appellate deposit and any balance deposited during investigation. A composite description of all payments as "pre-deposit" may invite an incorrect application of Section 129EE.
  • Where Section 27 is invoked, the claim should address the one-year limitation, the exception for payments under protest, and the computation rule applicable where refund follows an appellate or judicial order.
  • Interest claims should identify the asserted statutory or restitutionary basis, the proposed commencement date, and the specific period of retention. The rate cannot be assumed solely from the existence of the 6% notification under Section 129EE.
  • Departmental authorities and litigants must apply the jurisdictional High Court's view on the classification and interest consequences of investigation deposits, unless displaced by a binding superior authority.

6. Key Takeaways

  • An investigation deposit refundable after the failure of the demand may be governed by principles distinct from the statutory regime for appellate pre-deposits.
  • Section 129EE and the 6% rate under Notification No. 70/2014-Customs (N.T.) apply to amounts deposited under Section 129E; their application depends on satisfying that statutory description.
  • Section 27 and Section 27A provide the statutory refund framework for duty and interest, including the three-month trigger in Section 27A, but their textual scope must be assessed against the nature of the refundable amount.
  • Where there is no statutory rate expressly governing an investigation deposit, the jurisdictional judicial position on compensatory interest assumes central importance.
  • On the facts determined in 2026 (7) TMI 1565 - CESTAT KOLKATA, the proper rate for delayed refund of the investigation deposit was 12% per annum, and not 6% per annum.

 


Full Text:

2026 (7) TMI 1565 - CESTAT KOLKATA

Topics

Acts Income Tax