2026-VIL-1316-CESTAT-KOL-CU
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CUSTOMS CESTAT Cases

Customs - Rate of interest on delayed refund of amount deposited during investigation - Appellant imported mixed xylene isomers classified under certain Customs Tariff Heading and deposited duty differential amount under protest pending investigation, which was subsequently determined not to be due by higher authorities and ordered to be refunded but refund was granted with interest at 6% instead of 12% per annum – Applicable rate of interest payable on delayed refund of amount deposited during course of investigation - HELD - Interest at 12% per annum is payable on delayed refund of amount deposited during investigation. No statutory provision fixes the rate of interest for refund of amount deposited during investigations at the time relevant to the case. The rate of interest continues to be governed by law laid down by Supreme Court and coordinate Bench of Tribunal in earlier decisions till a statutory provision in the Act was enacted and a notification was issued providing for rate of interest on delayed refund - Where jurisdictional High Court has taken a particular view on interpretation or proposition of law, that view has to be followed in cases within such jurisdiction. The Calcutta High Court binding upon the Tribunal has categorically held that interest at 12% per annum is payable for delayed refund of amount deposited during investigation - The Appellant is eligible for interest at 12% per annum. The impugned order granting interest at 6% is set aside and the appeal is allowed
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