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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
T.S. SIVAGNANAM, C.J., CHAITALI CHATTERJEE (DAS)
Commissioner Of Customs (Port), Kolkata – Appellant
Versus
Vedanta Limited (Formerly Known As Sesa Sterlite Limited/Sesa Goa Limited) – Respondent
JUDGMENT :
T.S. Sivagnanam, CJ.
1. This appeal has been filed by the Customs Department under Section 130 of the Customs Act, 1962 (the Act) challenging the order passed by the Customs Excise and Service Tax Appellate Tribunal, Kolkata (the Tribunal) in Customs Appeal No. 76391 of 2024 filed by the respondent herein dated 07.01.2024. The revenue has raised the following substantial questions of law for consideration:
A. Whether the respondent can approbate and reprobate at this point of time and whether the learned Tribunal acted with perversity, total non application of mind and against the provisions of law, when the respondent has itself prayed for refund by filing application in prescribed form on 05.08.2022 and also accepted that they have done a mistake in filing of the shipping bills and consequently they have even approached the Hon'ble Court for setting aside the orders passed against them and when as per the direction of the Hon'ble Court such shipping bills have been rectified then only the question of grant of refund arises as on the date when the adjudicating authority reassessed the shipping bills and as such the order of the Learned Tribunal cannot be sustained in law
The court ruled that entitlement to interest on refund under the Customs Act requires proper application in statutory form, with interest only applicable post-crystalization of the refund amount.
The petitioner is entitled to interest at 6% per annum on delayed refund from the date of application, as per statutory provisions of the Customs Act.
Appellant entitled to interest on delayed refund as per Sections 11B and 11BB of the Central Excise Act, which specifically governs the timing and rate of interest applicable.
Appellants are entitled to 12% interest on delayed rebate claims per Section 11BB of the Central Excise Act, 1944 due to inordinate delay.
The date of service of the final assessment order is the critical date for determining the limitation period for filing refund claims under the Customs Act.
The limitation period for refund claims under the Customs Act is determined from the date of final assessment, not the date of provisional duty payment.
The main legal point established in the judgment is that the right to interest on a refunded amount accrues to the assessee on the date specified in Section 38(3)(a)(ii) of the Delhi Value Added Tax ....
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