Principal Commissioner Customs New Delhi Icd Tkd New Delhi v. Indochem And Polymers

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CUSAA 77/2023 & CM APPL. 53543/2023 (Interim Relief) PRINCIPAL COMMISSIONER CUSTOMS NEW DELHI (ICD TKD) NEW DELHI .....Appellant Through:

Mr. R. Ramachandran, SSC.

versus INDOCHEM AND POLYMERS .....Respondent Through:

Ms. Priyanka Goel, Adv.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 21.08.2024 1.

The Commissioner has instituted the present appeal aggrieved by the order passed by the Customs Excise & Service Tax Appellate Tribunal ['CESTAT'] insofar as it has awarded interest @12% p.a. on the refunds which were due to be released in favour of the respondents.

2.

Learned counsel who has entered appearance on behalf of the respondents states that their claim stands restricted to the statutorily prescribed interest @6% p.a. and thus they do not propose to press any further claim against the appellant for additional interest. 3.

In view of the aforesaid, we set aside the order of the CESTAT insofar as it awards refund @12% p.a. Since interest @ 6% p.a. has already been released and received by the assessee, nothing further would remain.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/08/2024 at 12:30:54

4.

The appeal shall stand disposed of on the aforesaid terms. YASHWANT VARMA, J.

RAVINDER DUDEJA, J.

AUGUST 21, 2024/RW The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/08/2024 at 12:30:54