Supreme Court of India · 2008-10-22
Commissioner Of Customs, Kolkata vs M/S. B. Arun Kumar & Company
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Customs, Kolkata
- Respondent
- M/S. B. Arun Kumar & Company
- Bench
- B. Sudershan Reddy, S.H. Kapadia
Judgment text excerpt
The Supreme Court addressed the legality of the Tribunal's order directing the refund of a redemption fine and penalty under the Customs Act, 1962, specifically referencing Section 129A. The Court upheld the Tribunal's decision, confirming that the Revenue was obligated to refund the amounts with interest at 12% per annum if not refunded within the stipulated time. The Court also ruled on the procedural aspects of the Revenue's application for reference to the High Court, ultimately affirming the lower court's decisions and the entitlement of the assessee to interest on the refunded amount.