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 ✕
🔎 Filters / Advanced 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
    Joint and Several Liability of LLP Partners in Liquidation: Clause 331 of Income Tax Bill, 2025 vs. ...
    Act Rules Bills
    Legal and Practical Implications of Taxing AOPs/BOIs with Unknown Shares under Indian Income Tax Law...
    Act Rules Bills
    Understanding the Assessment and Taxation of Partnership Firms - Clause 324 of the Income Tax Bill, ...
    Act Rules Bills
    Remedies Against Property of Representative Assessees : Clause 304(5) of the Income Tax Bill, 2025 V...
    Act Rules Bills
    Direct assessment or recovery from Representative assessees : Clause 304(3) of the Income Tax Bill, ...
    Act Rules Bills
    Proportional Taxation of Trust Beneficiaries : Clause 304(4) of the Income Tax Bill, 2025 Vs. Sectio...
    Act Rules Bills
    Taxation of Oral Trusts in India : Clause 308 of the Income Tax Bill, 2025 Vs. Section 164A of the I...
    Act Rules Bills
    Taxation of Indeterminate Beneficiary Trusts : Clause 307 of the Income Tax Bill, 2025 Vs. Section 1...
    Act Rules Bills
    Agents of Non-Residents under Indian Tax Law : Clause 306 of the Income Tax Bill, 2025 Vs. Section 1...
    Act Rules Bills
    Safeguarding the Right of Representative Assessees to the Recover Tax under this act : Clause 305 of...
    Act Rules Bills
    Representative Assessee Liability under India's Income Tax Law : Clause 304 of the Income Tax Bill, ...
    Act Rules Bills
    The Evolution of Representative Assessee Provisions : Clause 303 of the Income Tax Bill, 2025 Vs. Se...
    Act Rules Bills
    Continuity of Tax Obligations After Death of the assessee : Clause 302 of the Income Tax Bill, 2025 ...
    Act Rules Bills
    Integrating Special Search Assessment Procedures : Clause 300 of the Income Tax Bill, 2025 Vs. Secti...
    Act Rules Bills
    Assessing Authority in Search Cases : Clause 299 of the Income Tax Bill, 2025 Vs. Section 158BG of t...
    Act Rules Bills
    Interest and Penalty Regime in Search Proceedings : Clause 298 of Income Tax Bill, 2025 Vs. Section ...
    Act Rules Bills
    Relief from Interest and Penalty in Search Assessments : Clause 297 of the Income Tax Bill, 2025 Vs....
    Act Rules Bills
    Time Limitation in Search Assessments : Clause 296 of the Income Tax Bill, 2025 Vs. Section 158BE of...
    Act Rules Bills
    Assessment of Third-Party Undisclosed Income : Clause 295 of the Income Tax Bill, 2025 Vs. Section 1...
    Act Rules Bills
    Transforming the Framework for Search-Based Income Tax Assessments : Clause 294 of the Income Tax Bi...
❮
❯
❯❯
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
Joint and several liability of LLP partners applies where tax dues cannot be recovered from the LLP, subject to exculpation.
Clause 331 makes every person who was a partner of an LLP during the relevant tax year jointly and severally liable for any tax, penalty, interest, fees or other sums payable under the Income tax law that cannot be recovered from the LLP or relevant persons, expressly overriding LLP Act protections. Liability is triggered only after non recovery from the LLP and is rebuttable: a partner can escape liability by proving that the non recovery was not due to his gross neglect, misfeasance, or breach of duty.
Act Rules Bills
Show AI Summary
Taxation of AOPs/BOIs with unknown member shares: maximum marginal rate applied to deter tax avoidance.
Clause 311 mandates taxation of an AOP/BOI's total income at the maximum marginal rate where members' shares are indeterminate or unknown, and requires taxation at any higher rate applicable to any member; when shares are determinate, it taxes the whole income at the maximum marginal rate if a member's other income exceeds the exemption threshold, while portions attributable to members chargeable at higher rates are taxed at those higher rates, with a deeming provision treating shares as indeterminate if so at formation or thereafter.
Act Rules Bills
Show AI Summary
Firm taxation: firms taxed on total income at rates set annually in the Finance Act.
Clause 324 charges a firm which is assessable as a firm with tax on its total income at the rate specified in the Finance Act for the relevant year, applying only to entities that qualify as firms and requiring alignment with definitional, computation and allocation provisions elsewhere in the Act.
Act Rules Bills
Show AI Summary
Representative assessee liability: authorities may use the same remedies against property under a representative's control to recover tax dues.
Clause 304(5) of the Income Tax Bill, 2025, mirrors Section 167 by empowering the Assessing Officer to exercise the same remedies in the same manner against all property vested in, or under the control or management of, a representative assessee as would be available against a person directly liable for tax, covering all kinds of property and applying regardless of whether the tax demand is raised against the representative or the beneficiary.
Act Rules Bills
Show AI Summary
Direct assessment empowers tax authorities to bypass representative assessees and pursue beneficiaries directly, preserving recovery powers.
Clause 304(3) (Income Tax Bill, 2025) and Section 166 (Income tax Act, 1961) are non obstante provisions empowering the AO to directly assess and recover tax from the person entitled to income, irrespective of the existence of a representative assessee; these powers are discretionary, cover both assessment and recovery, preserve procedural safeguards for the beneficiary, and operate as alternative (not cumulative) mechanisms to prevent revenue loss due to procedural technicalities or representative non cooperation.
Act Rules Bills
Show AI Summary
Proportional apportionment clarifies how beneficiaries' trust distributions are computed for tax using a statutory formula.
Clause 304(4) prescribes that where only part of a trust's income is chargeable, the taxable portion of a beneficiary's receipts is determined by multiplying the beneficiary's receipt by the ratio of the trust's chargeable part to its whole income (A x C / B), thereby codifying proportional apportionment and imposing related recordkeeping and reporting obligations on trustees and representative assessees.
Act Rules Bills
Show AI Summary
Taxation of oral trusts: income charged at the maximum marginal rate regardless of other provisions, deterring informal trusts.
Income from oral trusts is taxed at the maximum marginal rate under both Section 164A and Clause 308, with a non-obstante clause to override other provisions; Clause 308 modernises the framework by referring to the person appointed under an oral trust and centralising the definition, thereby broadening potential liability and simplifying enforcement while raising disclosure and evidentiary burdens on assessees.
Act Rules Bills
Show AI Summary
Taxation of indeterminate-beneficiary trusts: highest marginal rate applies unless narrow bona fide exceptions permit AOP rate.
Clause 307 taxes income of representative assessees at the maximum marginal rate where beneficiaries or their shares are not expressly identifiable in the trust instrument or court order, with deeming provisions treating ambiguity as indeterminacy. Exceptions permit taxation at the AOP rate for beneficiaries below exemption limits and not under other trusts, sole will-declared trusts, bona fide pre-1970 family trusts for dependents, and bona fide employee benefit funds. Business profits are generally taxed at the maximum rate, except for sole testamentary trusts for dependent relatives which may get AOP treatment.
Act Rules Bills
Show AI Summary
Agent of non resident: expanded definition enables tax assessment and recovery from connected persons and intermediaries.
The clause defines who may be regarded as an agent of a non resident for tax purposes, listing persons employed by or acting for the non resident, those having any business connection with the non resident, persons from or through whom the non resident receives income, trustees, and any person acquiring a capital asset in India by transfer; it excludes certain brokers and requires an opportunity of being heard before treating any person as an agent.
Act Rules Bills
Show AI Summary
Representative assessee rights to recover or retain tax protect intermediaries and permit certified withholding pending final liability.
Clause 305 grants a representative assessee a statutory right to recover from the principal any sum paid under the Act or to retain an equivalent amount from monies in his possession; allows withholding of an estimated liability prior to assessment; authorizes obtaining an Assessing Officer's certificate to fix the amount eligible for retention pending settlement; and limits recoverable liability to the certificate amount except insofar as the representative then holds additional assets of the principal.
Act Rules Bills
Show AI Summary
Representative assessee liability clarified: apportionment formula and direct beneficiary assessment enhance tax recovery powers.
Representative assessees are treated as if represented income were received beneficially by them, making them liable to assessment and recovery in their name in a representative capacity; a bar on double assessment applies. The Assessing Officer may directly assess or recover tax from the beneficiary, and may use the same remedies against property under the representative's control as against property of any taxpayer. For partly chargeable trust income the Clause prescribes a formula to apportion each beneficiary's taxable share, while omitting the prior maximum marginal rate rule for trustees' business income.
Act Rules Bills
Show AI Summary
Representative assessee provisions modernized: agents, guardians and trustees held liable for tax compliance and assessment.
Clause 303 designates specified persons as representative assessees-agents of non-residents, guardians/managers for minors and persons of unsound mind, court-appointed managers and trustees of written and oral trusts-and deems each representative to be an assessee for all purposes, including filing returns, payment of tax, and submission to assessment and appeal proceedings; it also provides a deeming mechanism allowing informal trusts to be treated as written trusts when a written statement is submitted to the Assessing Officer within prescribed timelines.
Act Rules Bills
Show AI Summary
Continuity of tax liability: legal representatives remain liable for deceased's tax obligations, limited to the estate, with exceptions.
Clause 302 establishes that the legal representative is liable for any sum the deceased would have owed, is deemed to be an assessee, and that pending or potential assessments may be continued or initiated against the legal representative; liability is ordinarily limited to the estate's capacity but personal liability arises where the representative alienates or charges estate assets while liabilities remain, capped at the value of the asset so alienated.
Act Rules Bills
Show AI Summary
Saving clause preserves general tax provisions in search assessments unless the special chapter expressly overrides them.
Clause 300 and Section 158BH operate as a saving clause preserving applicability of all general provisions of the Act to assessments under the special search chapter, except where the special chapter expressly provides otherwise; this ensures procedural, substantive and remedial provisions (notice, appeals, penalties, recovery, limitation rules) continue to apply unless specifically overridden, while raising interpretive issues about the extent of overriding effect, classification of provisions as procedural or substantive, and transitional application under the new Bill.
Act Rules Bills
Show AI Summary
Authority for block assessments: senior officer decision plus prior supervisory approval required to validate search based assessments.
Orders assessing undisclosed income in search cases must be passed by an Assessing Officer at or above specified senior ranks and only with the previous approval of a higher authority; Clause 299 of the Income Tax Bill, 2025 carries forward this core framework from Section 158BG while aligning applicability to the commencement of the new Act. The requirement that approvals reflect a genuine application of mind, clear documentation of the approval process, and management of transitional cases are central operative obligations.
Act Rules Bills
Show AI Summary
Interest and penalty in search assessments: revised rules mandate monthly interest and a fixed half tax penalty with a compliance safe harbor.
Clause 298 retains the Section 158BFA framework by charging simple interest on tax determined on undisclosed income for delay or non-filing after a search notice and imposing a fixed penalty equal to fifty percent of tax on undisclosed income, while providing a safe harbor where return is filed, tax paid with evidence and no appeal is filed; procedural safeguards include a right to be heard, supervisory approval for larger penalties, exclusion of rehearing and court stay periods from limitation, and mandatory communication of penalty orders to the Assessing Officer.
Act Rules Bills
Show AI Summary
Relief from interest and penalty: block-period undisclosed income in search assessments taxed without additional interest or penalty.
Clause 297 exempts assessees from interest and penalty for undisclosed income assessed or reassessed for the block period in search and seizure proceedings, limiting relief to block-period income and applying to both initial block assessments and reassessments while leaving regular assessments and other penalties unaffected.
Act Rules Bills
Show AI Summary
Time limitation for block assessments ensures fixed completion period with specified exclusions and reference extensions.
Clause 296 mandates that block assessment orders be completed within twelve months from the end of the month in which the last search or requisition authorisation was executed, extends that period by twelve months where a statutory reference is made, excludes up to 180 days for transfer of seized material to the jurisdictional Assessing Officer, provides a minimum residual period of sixty days after exclusions, and suspends the limitation clock for a specified list of circumstances such as court stays, international information exchange (capped), audits and valuation references, and advance ruling proceedings.
Act Rules Bills
Show AI Summary
Assessment of third-party undisclosed income enables transfer of seized material to jurisdictional AO for special assessment procedure.
Clause 295 mandates that where an AO is satisfied undisclosed income discovered in a search pertains to a person other than the one searched, all seized assets, documents and information must be handed over to the AO having jurisdiction over that third person, who will assess the third party under the Bill's special assessment procedure, with the relevant chapter's provisions applying mutatis mutandis, and explicitly includes virtual digital assets and electronic records within scope.
Act Rules Bills
Show AI Summary
Block assessment procedure tightens timelines and mandates electronic filing, broadening assessment to total income including undisclosed income
The clause establishes a restructured block assessment procedure triggered by search or requisition, requiring the Assessing Officer to issue a notice for a return in a prescribed form and manner with mandatory electronic filing for specified categories. Returns must be filed within a capped period, revised returns are barred, and furnished returns carry deeming consequences; prior supervisory approval is required before issuing the notice. The AO must determine tax on the basis of the block period, applying renumbered computation, penalty and procedural provisions "so far as may be," and may verify tax credits claimed against assessed undisclosed income.

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