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
    Prevent tax evasion through the diversion of income to family members "clubbing of income" in Clause...
    Act Rules Bills
    Definitions for "transfer" and "revocable transfer" in Clause 98 of the Income Tax Bill, 2025 Vs. Se...
    Act Rules Bills
    The chargeability of income in the context of the transfer of assets with Exception in Clause 97 of ...
    Act Rules Bills
    Prevention of tax avoidance strategies "transfer of income without a corresponding transfer of the a...
    Act Rules Bills
    Understanding the Tax Implications on benefits obtained from the remission or cessation of liabiliti...
    Act Rules Bills
    Disallowing deductions of specific expenses in Clause 94 of Income Tax Bill, 2025 vs. Section 58 of ...
    Act Rules Bills
    Deductions available under "Income from other sources" in Clause 93 of Income Tax Bill, 2025 VS. Sec...
    Act Rules Bills
    Modernizing Tax Treatment of Income from other Sources in Clause 92 vs. Section 56 of the Income-tax...
    Act Rules Bills
    Enhancing Fair Market Valuation in Clause 91 of Income Tax Bill, 2025 vs. Section 55A of Income Tax ...
    Act Rules Bills
    Interpretations of key terms related to capital gains "adjusted," "cost of improvement," and "cost o...
    Act Rules Bills
    Extension of Time for Reinvesting Capital Gain, original asset is compulsorily acquired, and compens...
    Act Rules Bills
    Capital gain Tax Relief in relocation of industrial undertakings from urban areas to SEZ area in Cla...
    Act Rules Bills
    Capital gain Tax Relief in relocation of industrial undertakings from urban areas to non-urban in Cl...
    Act Rules Bills
    Encourage investment in residential property by offering tax exemption on capital gains in Clause 86...
    Act Rules Bills
    Treatment of capital gains arising on compulsory acquisition of lands and buildings in Clause 84 of ...
    Act Rules Bills
    Capital gain Exemption through Investment in the Certain Bonds in Clause 85 of Income Tax Bill, 2025...
    News Indian Laws
    Evaluating the 2025 Finance Bill: Key Changes and Their Impact
    News Indian Laws
    Supplementary FAQs for the Finance Bill, 2025: As passed by Lok Sabha
    Act Rules Bills
    Capital Gains Tax Relief for Agricultural Land: Clause 83 of the Income Tax Bill, 2025 vs. Section 5...
    Act Rules Bills
    Capital Gains: Exemption against Residential Property Sales and Reinvestment Incentives in Clause 82...
❮
❯
❯❯
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
Clubbing of income: new clause expands inclusion of spouse, minor child and transferred-asset income in assessee's taxable income.
Clause 99 attributes to the individual income arising to a spouse from employment or remuneration in concerns where the individual has a substantial interest, income from assets transferred to a spouse or a son's wife without adequate consideration, and income of a minor child except earnings from the child's manual work or personal skill; it also prescribes a formula for income attributable when transferred assets are invested and treats conversion of individual property to HUF as income of the individual.
Act Rules Bills
Show AI Summary
Revocable transfer definitions broaden tax reach, treating arrangements that preserve transferor control as attributable income to transferor.
Clause 98 of the Income Tax Bill, 2025 and Section 63 of the Income Tax Act define transfer to include settlements, trusts, covenants, agreements or arrangements, and define revocable transfer to cover provisions enabling direct or indirect re transfer of income or assets or re assumption of power by the transferor. Both provisions attribute income to the transferor where economic substance shows retention of control or benefit, broadening the tax net over arrangements that preserve transferor influence.
Act Rules Bills
Show AI Summary
Chargeability of income in asset transfers: revocable transfers taxed to transferor, with narrow irrevocable-transfer exceptions.
Clause 97 treats income from a revocable transfer of assets as taxable in the hands of the transferor, while providing exceptions for truly irrevocable transfers where the transferor derives no direct or indirect benefit; if a power to revoke later arises the income becomes chargeable to the transferor, thereby aligning taxation with economic control and preventing tax avoidance through strategic transfers.
Act Rules Bills
Show AI Summary
Transfer of income without asset transfer: such income is taxed in the transferor's hands to prevent tax avoidance.
Clause 96 and Section 60 provide that income arising by virtue of a transfer, whether revocable or irrevocable and irrespective of timing, is chargeable to tax in the transferor's hands if the asset generating that income has not been transferred, thereby preserving the link between income and its source asset to prevent tax avoidance.
Act Rules Bills
Show AI Summary
Remission of liabilities taxable - forgiven debts and other benefits must be included as income when received under revised charge rules.
Clause 95 of the Income Tax Bill, 2025, treats any benefit obtained from the remission or cessation of a liability for which a deduction was previously allowed as taxable in the year received, applying principles from Section 38(1)(a) to non business income heads. Section 59 of the Income tax Act, 1961, applies Section 41(1) similarly to ensure forgiven liabilities are included in taxable income, but both provisions present valuation and timing ambiguities for non cash benefits and assessment year determinations.
Act Rules Bills
Show AI Summary
Disallowance of deductions: withholding compliance ties deductibility for cross border payments and personal expenses.
Clause 94 disallows deductions from income from other sources for personal expenses and for interest or salaries payable outside India where tax has not been paid or deducted under the withholding framework; it extends selected business-income deduction rules to other sources, prescribes computation rules for foreign companies, disallows deductions for gambling and lotteries while excepting horse racing maintenance, and links deductibility to compliance with withholding obligations.
Act Rules Bills
Show AI Summary
Deductions for income from other sources clarified, aligning allowable expenses and curbing dividend-related deduction claims.
Clause 93 of the Income Tax Bill, 2025 prescribes deductions for Income from other sources, allowing reasonable sums for realising dividends or interest on securities, deductions for specified income categories via cross references, a capped family pension deduction, non capital expenditures wholly and exclusively for earning such income, a 50% concession for certain incomes, and targeted restrictions limiting deductible interest tied to certain dividend incomes to a proportion of that income.
Act Rules Bills
Show AI Summary
Taxation of miscellaneous income broadens taxable sources to include modern streams like digital assets and trust distributions.
Clause 92 establishes a residual charging rule that any income not charged under other heads and not excluded is taxable under Income from other sources, enumerating a non exhaustive list of receipts-dividends, gambling winnings, employee fund contributions, specified insurance proceeds, interest including on compensation, rental of machinery or furniture, forfeited advances, employment termination compensation, business trust distributions, life insurance sums outside specified products, and gifts or property transfers-while providing exemptions for transfers from relatives, on marriage, under wills and certain local authority receipts, and setting valuation and definition rules including treatment of digital assets.
Act Rules Bills
Show AI Summary
Valuation officer referral: a statutory mechanism to address discrepancies between declared asset values and fair market value.
Clause 91 empowers the Assessing Officer to refer a capital asset's valuation to a Valuation Officer where an assessee's declared amount appears inconsistent with the fair market value, applying to assets valued by registered valuers and to other cases meeting prescribed thresholds or circumstances, and adopts procedural modifications by reference to Section 269(3)-(8).
Act Rules Bills
Show AI Summary
Cost of acquisition rules clarified: FMV option and acquisition cost deemed nil when indeterminable, affecting capital gains computation.
Clause 90 defines cost of improvement as nil for intangible assets and permits post reference date expenditure for other assets; sets cost of acquisition as purchase price or previous owner's purchase price and deems cost nil where indeterminable; provides tailored rules for financial assets to avoid taxing non economic gains; and allows a fair market value option as cost of acquisition for earlier acquisitions to reflect market and inflationary changes.
Act Rules Bills
Show AI Summary
Extension of time for reinvesting capital gains tied to receipt of compensation preserves exemption eligibility after compulsory acquisition.
Where an original asset is compulsorily acquired and compensation is delayed, the period for acquiring a new asset or depositing or investing capital gains is calculated from the date of receipt of compensation rather than the date of transfer; Clause 89 of the Income Tax Bill, 2025, states this rule and declares it to operate irrespective of conflicting timelines in specified sections, and Section 54H of the Income-tax Act, 1961, operates on a comparable principle tied to specified reinvestment provisions.
Act Rules Bills
Show AI Summary
Capital gains exemption for industrial relocations to SEZs conditions relief on reinvestment in new SEZ assets and deposit rules.
Clause 88 grants a capital gains exemption when assessees transfer assets while shifting an industrial undertaking from an urban area to an SEZ, conditional on reinvesting gains into new SEZ assets within the prescribed investment window; unutilized gains must be deposited in a specified account and any excess of gains over the cost of new assets is taxable. Eligibility centers on assets used in the undertaking and utilisation for notified SEZ investments, with deposits treated as part of the new asset's cost for calculating the exemption.
Act Rules Bills
Show AI Summary
Capital gains exemption for industrial relocation to non urban areas conditional on reinvestment and deposit requirements.
Exemption of capital gains on transfer of assets for industrial undertakings shifting from urban to non urban areas is subject to reinvestment in qualifying assets (machinery, plant, buildings, land or rights therein) acquired within the prescribed timeframe; any shortfall between capital gains and cost of new assets is taxable, and unutilised gains must be deposited in a specified bank or institution before filing the return, with untapped deposits taxed after the statutory period; the definition of urban area and scheme specified expenditure govern eligibility.
Act Rules Bills
Show AI Summary
Capital gains exemption for residential reinvestment preserved with clearer compliance and monetary caps under the 2025 proposal.
Clause 86 provides a capital gains exemption for individuals and HUFs who reinvest long-term capital gains from specified asset transfers (excluding residential houses) into a residential house in India within prescribed purchase or construction timeframes. The exemption is proportional when net consideration exceeds the replacement cost and full when replacement cost equals or exceeds net consideration. Unutilised gains must be deposited under a notified government scheme before filing returns, and exempted gains become taxable if the replacement asset is transferred within three years. Ownership of multiple residential houses or acquisition of another house within specified periods disqualifies the exemption.
Act Rules Bills
Show AI Summary
Capital gains deferral on compulsory acquisition permits tax relief when compensation is reinvested in similar industrial assets.
Clause 84 provides a deferral regime for capital gains on compulsory acquisition where compensation reinvested in similar industrial land or buildings within three years is either exempt or adjusts the cost basis: excess gains over new asset cost are taxed as income and the new asset's cost is set to nil for future computations, while gains equal to or below cost reduce the asset's cost. Unutilised gains must be deposited by the return filing due date and are treated as part of the deemed cost; unutilised amounts after the specified period are charged as income and subject to notified withdrawal rules.
Act Rules Bills
Show AI Summary
Capital gains exemption for reinvestment in specified bonds preserves non taxability subject to retention and anti abuse rules.
Clause 85 provides that capital gains from transfer of long term assets are not charged if the assessee reinvests whole or part of such gains in government notified bonds within six months, subject to a per year investment ceiling and a specified retention period; transfers, conversions, or loans against the new asset within the lock in are treated as taxable events and investments claiming this exemption cannot simultaneously claim alternative deductions.
News Indian Laws
Show AI Summary
Tax treatment for foreign securities clarified, enhancing investor certainty and tightening compliance obligations for cross border instruments.
The Finance Bill, 2025 amendments clarify tax treatment for securities held by foreign investors by defining covered instruments for FIIs and specified funds under applicable regulatory compliance, expand coverage to include over the counter derivatives while removing ambiguous intermediary language, and strengthen assessment provisions to address inconsistencies and undisclosed income; Part IV validates pension classification authority to distinguish pension entitlements by retirement date.
News Indian Laws
Show AI Summary
IFSC tax incentives expanded to ease fund relocations, clarify exemptions, and simplify non resident taxation.
Amendments relax compliance for investment funds by easing indirect participation thresholds and restoring executive modification powers; expand the relocation regime to include retail schemes and ETFs for tax neutral transfers into the IFSC; introduce a presumptive taxation scheme for non residents providing technology services for electronics manufacturing with exclusions for permanent establishment and royalty rules; correct and align IFSC insurance and specified fund exemptions with IFSCA conditions; extend derivative transaction exemptions to FPIs in the IFSC; refocus Chapter XIV B on undisclosed income and add Section 143(1) checks for return inconsistencies; and broaden the definition of capital asset to include securities held by Alternative Investment Funds under SEBI and IFSCA.
Act Rules Bills
Show AI Summary
Capital gains exemption for agricultural land: reinvest sale proceeds in new agricultural land within two years to defer tax.
Capital gains on transfer of agricultural land are not charged if proceeds are reinvested in new agricultural land within two years by individuals or HUFs who used the land for agriculture in the two years prior. Unutilised gains at filing must be deposited in a specified bank account and applied under a government-notified scheme; unused deposits after the prescribed period are taxed and may be withdrawn per the scheme. Excess gains are taxed under the bill's taxing provision and the new asset's cost is treated as nil for subsequent gains if sold within three years; otherwise the cost basis is reduced by the capital gains.
Act Rules Bills
Show AI Summary
Capital gains reinvestment relief: deferral for gains when proceeds are reinvested in residential property with deposit safeguards.
Clause 82 permits deferral or exemption of capital gains from sale of residential property where proceeds are reinvested in another residential property, treating gains exceeding the new asset's cost as taxable. Unutilized gains must be deposited in a specified bank or institution under a notified scheme and such deposits count toward the new asset's cost. Deposited amounts not applied within the prescribed period become taxable though the clause provides for withdrawal of unused sums. The clause allows a one time option to invest in two houses subject to a gain threshold and imposes caps on eligible cost and gains to target relief.

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