βIndirect Tax I Arbitration I Insolvency Advisory I Litigationsβ
Dated: 30.03.2024
Interest is payable on delayed refund by the Customs department even on the Pre-Deposit amounts
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In a significant ruling, the Delhi High Court, in the case of Raj Kumar Batra Vs Commissioner of Customs (Preventive), has emphasized the right of taxpayers to receive interest on delayed refunds under Section 27-A of the Customs Act. This decision underscores the judiciary’s commitment to ensuring that traders are not unfairly disadvantaged by the customs authorities withholding refunds.
The petitioner filed a Writ Petition, seeking instructions for the customs department to refund the pre-deposit amount of INR 9,30,000/- along with applicable interest, as per Central Board of Indirect Taxes and Customs (CBIC) Circular No. 984/08/2014-CX dated 16.09.2014. Additionally, the petitioner requested the refund of the seized cash amount of Rs. 14,10,990/- along with applicable interest, in compliance with Final Order No. 51110-51111 of 2022 dated 29.11.2022 issued by the Customs Excise & Service Tax Appellate Tribunal (CESTAT), New Delhi.
Download the Delhi High court judgement below:
Source: Delhi High Court
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