(1.) THE present appeal has been filed by M/s. Associated Pigments Pvt. Ltd. against the impugned Order passed by the Commissioner (Appeals), wherein the refund claim of interest has been rejected by him.
(2.) BRIEF facts of the case are that the appellants filed a Refund Claim on 13 -9 -94. Refund Claim of Rs. 11,32,094.00 (Rupees eleven lakh thirty -two thousand ninety -four) was admitted and sanctioned by the Revenue on 24 -4 -2001. The appellants filed the refund claim of interest due on delayed refund in terms of Section 27A of the Customs Act, which has been rejected by the impugned Order.
(3.) THE Commissioner (Appeals) has rejected the refund of interest on the ground that the complete refund application was filed on 12 -4 -2001 and Refund Order has been passed by the Sanctioning Authority on 24 -4 -2001, i.e. well within three months. As per Customs Refund Application (Form) Regulations, 1995, for the purpose of interest on delayed refund under Section 27A of the Customs Act, the application for refund shall be deemed to have been received on the date on which a complete application, as acknowledged by the proper officer, has been made. The Commissioner (Appeals) has held that in this case, complete application was received only on 12 -4 -2001 and the Refund Order has been, passed on 20 -4 -2001 being well within three months as provided under Section 27A of the Customs Act.