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 SEARCH:

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
    News Bill
    Education Cess
    News Bill
    Rates for deduction of income-tax at source during the financial year (FY) 2026-27 from certain inco...
    News Bill
    Individual, HUF, association of persons, body of individuals, artificial juridical person.
    News Bill
    Co-operative Societies
    News Bill
    Firms
    News Bill
    Local authorities
    News Bill
    Companies
    News Bill
    Rationalising the due date to credit employee contribution by the employer to claim such contributio...
    News Bill
    Exemption on interest income under the Motor Vehicles Act, 1988.
    News Bill
    No tax to be deducted at source in respect of interest on compensation amount awarded by Motor Accid...
    News Bill
    Enabling electronic verification and issuance of certificate for deduction of income-tax at lower ra...
    News Bill
    Relaxation from requirement to obtain tax deduction and collection account number (TAN) by a residen...
    News Bill
    Enabling filing of declaration for no deduction to a depository
    News Bill
    Application of TDS on supply of manpower
    News Bill
    Allowing deduction to non-life insurance business when TDS, not deducted earlier is paid later
    News Bill
    Exemption of income on compulsory acquisition of any land under the RFCTLARR Act.
    News Bill
    Exemption for Disability Pension to armed force personnel
    News Bill
    Rationalising due dates for filing of return of Income.
    News Bill
    Extending the period of filing revised return
    News Bill
    Scope of filing of updated return in the case of reduction of losses – reg.
❯❯
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
News Bill
Show AI Summary
Health and Education Cess to be levied at 4% on income-tax inclusive of surcharge; no marginal relief.
Health and Education Cess is imposed at 4% on the amount of income-tax so computed, inclusive of any applicable surcharge, and no marginal relief is available; the cess is levied uniformly on the surcharge-inclusive tax liability.
News Bill
Show AI Summary
Rates for tax deduction at source for FY 2026-27 remain unchanged; 4% health and education cess applies to nonresidents.
Rates for deduction of income-tax at source from incomes other than salaries are specified in Part II of the First Schedule to the Finance Bill and are to be applied under the relevant sections of the Act. The rates and the Union surcharge remain the same as in the prior year, and a Health and Education Cess of 4% on income-tax including surcharge continues to apply to nonresidents and foreign companies.
News Bill
Show AI Summary
Union Budget 2026 27 sets new income tax and advance tax rates for individuals, senior citizen thresholds, and graduated surcharge bands.
Part III of the First Schedule sets FY 2026 27 tax deduction and advance tax rates: Section 202 rates use a seven bracket scale to 30% (above Rs. 24,00,000) with an option to adopt Part III rates. Paragraph A offers a four slab regime for individuals and similar entities with adjusted thresholds for senior citizens; capital gains under specified sections are included. Surcharge bands of 10%, 15%, 25% and 37% apply by income band, subject to caps and special restrictions for dividend/capital gains, associations of companies and persons taxed under section 202. Marginal relief is provided.
News Bill
Show AI Summary
Co-operative societies: existing tax rates unchanged; 7% and 12% surcharges apply with marginal relief; 22% option available.
In respect of co-operative societies, income-tax rates remain unchanged from FY 2025-26. A 7% surcharge on income-tax applies where total income exceeds one crore but does not exceed ten crore rupees, and a 12% surcharge applies where total income exceeds ten crore rupees; marginal relief is provided. A resident co-operative society that satisfies certain conditions may opt to pay tax at 22% under the Act, with a 10% surcharge on such tax.
News Bill
Show AI Summary
Firms: tax rate unchanged; 12% surcharge applies above one crore rupees with a cap on excess liability.
For FY 2026-27, firms are taxed at the Paragraph C rate in Part III of the First Schedule (unchanged from FY 2025-26) and face a 12% surcharge where total income exceeds one crore rupees; however, the aggregate tax plus surcharge on income above one crore is capped so it does not exceed the tax on one crore by more than the excess income amount.
News Bill
Show AI Summary
Local authorities face a 12% surcharge on income-tax for total income exceeding one crore, subject to a cap.
The rate of income-tax for every local authority is specified in Paragraph D of Part III and remains unchanged; a surcharge at the rate of 12% applies where total income exceeds one crore rupees, and the combined tax and surcharge on income above one crore is capped so it does not exceed the tax on one crore rupees by more than the excess amount.
News Bill
Show AI Summary
Corporate tax rates updated for FY 2026-27, including surcharge tiers and health and education cess.
Union Budget 2026-27 sets company income-tax rates and related surcharge and cess treatment for FY 2026-27: domestic companies pay 25% if turnover/gross receipts for tax year 2024-25 are four hundred crore and under the section 199 regime, otherwise 30%, with an option to opt for 22% under section 200 (10% surcharge on that tax). Non domestic companies are taxed at 35% on ordinary income. Surcharge tiers and marginal relief rules remain, and a 4% Health and Education Cess applies on tax inclusive of surcharge without marginal relief for the cess.
News Bill
Show AI Summary
Employer deduction for employee contributions will be tied to the return filing due date under section 263(1).
The Finance Bill, 2026 amends section 29(1)(e) to provide that the due date for claiming a deduction for employee contributions credited by the employer shall be the due date of filing of return of income under section 263(1); the amendment takes effect from 1 April 2026 and applies to tax year 2026-27 and subsequent years.
News Bill
Show AI Summary
Interest income under Motor Vehicles Act now exempt for individuals and legal heirs from FY 2026-27 onward.
Interest payable as part of compensation under the Motor Vehicles Act, 1988 to an individual or the legal heir for death, permanent disability, or bodily injury is proposed to be exempt by addition to the Income-tax Act Schedule; the amendment is effective from 1 April 2026 and applies to the tax year commencing then and subsequent years.
News Bill
Show AI Summary
Interest on compensation from Motor Accidents Claims Tribunal: no tax deducted at source for individuals, effective April 2026.
The Finance Bill, 2026 proposes that no tax shall be deducted at source on interest paid on compensation awarded by the Motor Accidents Claims Tribunal to an individual, removing the prior conditional threshold and providing relief to accident victims. The amendment is effective from 1 April 2026 (Clause 72).
News Bill
Show AI Summary
Electronic TDS/TCS certificates: payees may file for lower or nil deduction; authority may issue or reject applications.
Permits payees to file applications electronically for certificates for deduction of income-tax at lower or nil rates before the prescribed income-tax authority, which may issue the certificate subject to prescribed conditions or reject incomplete or non compliant applications, thereby easing compliance burdens for small taxpayers under Section 395.
News Bill
Show AI Summary
TAN requirement relaxed for resident individuals and HUFs acquiring property from non-resident sellers, effective October 1, 2026.
The Finance Bill, 2026 amends section 397(1)(c) to provide that resident individuals and Hindu undivided families are not required to obtain a tax deduction and collection account number (TAN) to deduct tax at source on any consideration for transfer of immovable property under section 393(2); the amendment takes effect from 1 October 2026.
News Bill
Show AI Summary
Investors can file declarations for no TDS with depositories for listed securities and mutual fund units.
Permits filing of a written declaration for no deduction at source with the depository for incomes under section 393(6) (dividend, interest from securities, income from mutual fund units); depository will forward the declaration to the payor. Eligibility is limited to investors holding securities or units in the depository where securities are listed on a registered Indian stock exchange. The time for payors to furnish received declarations to the prescribed income-tax authority is changed from monthly to quarterly. Effective 1 April 2027.
News Bill
Show AI Summary
Supply of manpower: TDS to be treated as payment for work, applying contractor TDS rates.
The Bill amends the definition of work to include supply of manpower so that payments for manpower are subject to the TDS rates applicable to payments for work (1% where payee is individual or HUF; 2% otherwise), resolving uncertainty between contractor/work TDS entries and fees for professional or technical services; the amendment is effective 1 April 2026.
News Bill
Show AI Summary
Non-life insurance businesses: amendment allows deduction when previously unpaid TDS is later deducted and paid.
The Bill proposes inserting a new sub paragraph in paragraph 4 of Schedule XIV so that amounts added back for non compliance with TDS timing under section 35(b)(i) and (ii) will be allowed as a deduction in the tax year in which the tax was actually deducted and paid; this aligns paragraph 4 with the existing paragraph 4(2) treatment for section 37 and takes effect from 1 April 2026 for tax year 2026-27 onward.
News Bill
Show AI Summary
Compensation for compulsory land acquisition under the RFCTLARR Act exempt from income tax from April 1, 2026.
The Income tax Schedule is amended to exempt income from awards or agreements made on account of compulsory acquisition of land under the RFCTLARR Act (excluding those specifically excepted under that Act), codifying that such compensation is not taxable under the Income tax Act and resolving prior ambiguity.
News Bill
Show AI Summary
Disability pension exemption for armed forces and paramilitary personnel limited to those invalided out due to service-related disability.
Exemption is limited to disability pension for Armed Forces members invalided out due to bodily disability attributable to or aggravated by service, covering both service and disability elements and excluding pensions paid on retirement; the same exemption is extended to paramilitary personnel and takes effect from 1 April 2026 for tax year 2026-27 onward.
News Bill
Show AI Summary
Due dates for filing income tax returns extended for non-audit businesses, partners and certain trusts to ease compliance.
Rationalisation of due date deadlines restructures filing timelines by class of taxpayer to provide additional time for business or professional assessees whose accounts do not require audit, partners (and specified spouses) and certain trusts. The amendment sets 30 November for one specified class, 31 October for audited entities, 31 August for non audit business cases and partners/spouses in non audit situations, and 31 July for all other assessees, while preserving 31 July for certain individual return forms; parallel explanatory amendments for trusts are enacted and the changes are given prospective effective dates in 2026.
News Bill
Show AI Summary
Revised income-tax returns: filing window extended to 12 months; fee proposed for revisions after nine months.
The proposal increases the time limit for filing a revised income-tax return from nine to twelve months from the end of the relevant tax year to allow those who file belated returns late to still revise returns; a fee is proposed for revised returns filed after nine months, with corresponding amendments and staggered commencement dates across the two income-tax statutes applying to the relevant tax and assessment years.
News Bill
Show AI Summary
Updated tax returns may be allowed when a taxpayer reduces a previously claimed loss, per proposed Finance Bill changes.
Section 263(6) permits an updated return within 48 months but bars updated returns that are returns of loss, limits reductions in tax liability or increases in refund, and restricts filing during or after assessment, reassessment, search, survey or prosecution. The Finance Bill, 2026 proposes to amend section 263(6) to allow filing an updated return where the taxpayer reduces the amount of loss claimed in a duly filed return of loss, and to make parallel amendments to the Income-tax Act, 1961.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Showing Results for : Reset Filters

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