Held that rule 17 of the Customs and Central Excise Duties Drawback Rules, 2017 provides for refund of excess claim and interest thereon. It is not in the nature of penalty or fine where the rule itself provides for payment of principal as well as interest. Hence, it should not be considered as penalty or fine. Therefore, the interest paid by the assessee towards excess refund of duty drawback was not penal in nature, Explanation 1 to section 37 would not apply and the assessee was eligible for claiming it as expenditure. Since, the assessee had adjusted the interest paid from the refund of export benefit, it would not affect the profitability of the company.(AY. 2018-19)