interest on seized amount under customs Act

Advocate and Tax Consultant sudalaipearls@rediffmail.com

hi,

      the amount was seized in the year 1986 by the customs dept and the same was deposited with the bank. afterwhich the assessment order was paased which was challenged before the First appellate authority  where the appeal was dismissed. the second appeal was preferred before the CESTAT where the Tribunal had passed an order to release the amount after deducting the 10% of the seized amount as redemption fine in the year 2008. the balance amount was released in the year 2010. the interest accrued in the deposit from 1986 was taken by the department stating that the CESTAT has not stated anything with regard to the interest. 

here my question is under section 27A of the Customs Act , the delayed refund should be with interest whether we can interpretate the meaning of "DUTY" and "Seized amount" . section says any duty refundable to the person aggreived have to be refunded with interest. 

if the seized amount was deposited with the bank in the year1986. now the amount was ordered to be released. the action of the department in taking the accrued interest arising out of the deposit is justifiable.

plz clarify with citation. thanks in advance.   

 
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