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Cus - Applicant claims interest on redemption fine and penalty - when asked under which Rule they are claiming interest, applicant has no answer - as adjudicating authority has refunded amount of RF & penalty, order of Tribunal has been implemented - no merit in case: CESTAT

By TIOL News Service

MUMBAI, MAY 11, 2014 : THE following final order was passed by the Tribunal in an appeal filed by the appellant -

"The appellant will be entitled to refund of the redemption fine of Rs.2,00,000/- and penalty of Rs.50,000/- deposited along with interest as per Rules."

THEY are again before the CESTAT with an application seeking implementation of the aforesaid final order.

It is submitted by the applicant that the adjudicating authority has refunded the amount of redemption fine and penalty but has not given any interest on the ground that there is no rule for the same.

When the matter was heard recently by the Bench, the applicant was directed to specify under which Rule they are claiming interest.

The applicant submitted that since the Tribunal had ordered for the same, the department should be directed to implement this order without any delay.

It is further mentioned that money in the bank earns interest and the business also earns profit, therefore, they are entitled for interest on the redemption fine and penalty.

The Member (Judicial) observed -

"6. On a specific query made to the applicant that under which Rule he is claiming interest, for which the applicant has failed to answer. In these circumstances, I hold that the adjudicating authority has implemented the order passed by this Tribunal dated 25.04.2013. Therefore, the application filed by the applicant deserves no merit, hence dismissed."

In passing : Two wrongs don't make a right!

(See 2014-TIOL-745-CESTAT-MUM)


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