JINDAL DRUGS LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties. Rule. With the consent of and at the request of learned counsel for the parties, Rule is made returnable forthwith.

(2.) By this petition under Article 226 of the Constitution of India, the petitioners seek writ of mandamus to direct the respondents to forthwith sanction and grant interest in respect of refund sanctioned and granted after expiry of three months from the date of refund application viz. 10/10/2007 till the date of actual refund viz. 16/8/2017 under Sec. 27A of the Customs Act 1962 (said Act) and not only merely for the period as sanctioned in the impugned order dtd. 12/10/2018 made by the Assistant Commissioner of Customs, GroupIIA (respondent No.6).

(3.) In effect the main issue involved in this petition is whether the interest on delayed refund under Sec. 27A of the said Act is payable on expiry of period of three months from the date of receipt of refund application or whether interest is payable from the date on which the order for refund is actually made or confirmed.