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october 2008

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.

Commissioner Of Customs, Kolkata vs M/S. B. Arun Kumar & Company · Niyam