2007 (12) TMI 387 - AT - Central Excise

Summary

Issues:
1. Refund of deposited amount in terms of Tribunal's stay order.
2. Challenge of refund order before Commissioner (Appeals) for interest rate.
3. Applicability of interest rate on deposits under Section 35F of Central Excise Act.

Analysis:
1. The appellant deposited a duty amount of Rs. 10,62,222/- as per the Tribunal's stay order, which was later set aside, and the appeal was allowed. Subsequently, the appellant sought a refund of the deposited amount from the Department. A part of the amount was refunded, and the remaining was adjusted against other demands. The Deputy Commissioner's order directing the refund of the adjusted amount of Rs. 3,41,625/- was challenged before the Commissioner (Appeals), who directed the Original Adjudication Authority to refund the said amount along with interest from the date of the refund order.

2. The Asst. Commissioner granted the refund of Rs. 3,41,625/- with interest at 6% as per Notification No. 67/2003-C.E. The appellant contested this, demanding a higher interest rate. The Commissioner (Appeals) upheld the 6% interest rate, citing Section 11BB of the Central Excise Act and the Board's circular regarding the timeline for refund sanctioning. The appellant challenged this decision, leading to the matter being brought before the Tribunal.

3. The Tribunal, after considering the arguments, found that the interest rate of 6% specified in Notification 67/2003-C.E.(N.T.) was applicable. The appellant's argument that higher interest rates were granted in other cases was dismissed. The Tribunal clarified that under Section 35F of the Central Excise Act, amounts deposited are to be treated as duty deposits. Therefore, the deposited amount, being duty, was subject to the interest rate specified in the notification. Consequently, the Tribunal rejected the appeal, upholding the 6% interest rate and denying the appellant's request for a higher rate.

This judgment highlights the importance of adhering to statutory provisions and notifications in matters concerning duty deposits and interest rates, emphasizing that amounts deposited under Section 35F are to be treated as duty deposits subject to the specified interest rates.