Delayed refund of SAD would entitle assessee to claim interest u/s 27A of Customs Act,1962

Brief of the case:

• The Hon’ble Delhi High Court in the case of Riso India Private Limited held that the Special Additional Duty of Customs is also a duty leviable under Customs Act,1962 and all the procedures regarding demand, refund , drawback as applicable to all other custom duties would also be applicable to SAD.
• Therefore, refund of SAD is well covered by Sec 27 and resultantly delayed refund would entitle assessee for interest u/s 27A.

Facts of the case:

• The assessee company filed a claim for refund of Special Additional duty of customs (SAD) u/ Notification No. 102/2007 dated 2^nd March, 2010. The claim so made was rejected due to expiry of limitation period for making such claim. However, the same was allowed on the order of Commissioner of Customs (Appeals) and refund was accordingly granted.
• Assessee along with refund also claimed interest on delayed refund, but the same was rejected by the Assistant Commissioner by an order dated 30th March, 2012.Assessee appealed against such rejection, but the same was dismissed by the Commissioner of Customs (Appeals) by an order dated 16th October, 2012.
• Aggrieved by the order of 1^st appellate authority assessee appealed before CESTAT New Delhi and the interest claim was allowed by the CESTAT by relying on the decision of Hon’ble Madras High Court in the case of KSJ Metal Impex Private Ltd.
• Revenue aggrieved by the order of CESTAT is in appeal before the High Court.
  

Contention of the Assessee: