2007 (2) TMI 53 - AT - Central Excise

Interest Appellant claim for interest in grounds of inordinate delay in the refund but rejected in decision of Commissioner (A) After considering the detail the respective authority allow the interest to the appellant after the CEGAT s allow.

Summary

Issues: Claim of interest on grounds of delay in refund of amount due.

Analysis:
The appeal was filed against an Order-in-Appeal dated 28-10-2004 by the Commissioner of Customs and Central Excise (Appeals-II), Hyderabad. The issue revolved around the claim of interest due to inordinate delay in refunding the amount to the appellants. The history of the case dates back to the appellants availing Modvat credit on aluminum waste and scraps, which was disallowed by the Revenue. Despite various orders and appeals, the matter was remanded to the Original Authority by CEGAT in 1996. However, the de novo adjudication was not conducted until 2002, resulting in further unsuccessful outcomes for the appellants. The appellants sought interest from the date of CEGAT's decision in 1996, emphasizing the delay and citing relevant case laws to support their claim.

The learned advocate for the appellants argued that the delay in resolving the issue entitled them to interest from 1996, as the department took more than six years to conduct de novo proceedings after the CEGAT order. The department's prolonged inaction in deciding the matter was highlighted, with the advocate referencing specific case laws and Circulars to support the claim for interest. On the other hand, the Departmental representative contended that the issue only reached finality in 2004, hence rejecting the appellants' claim for interest from 1996.

Upon careful review of the case records, the Tribunal found that the department's delay in initiating de novo proceedings after the CEGAT order was unreasonable. The Tribunal criticized the lack of supervision and responsibility within the department, noting the hierarchy of officers who failed to ensure expeditious resolution of the matter. The Commissioner (A) had acknowledged the appellants' entitlement to deemed credit, leading to the refund of the erroneously recovered amount. The Tribunal concluded that the appellants should not suffer due to the department's lethargy and ordered the grant of interest from three months after the CEGAT order until the payment of the refund amount, ultimately allowing the appeal.

In conclusion, the Tribunal's decision highlighted the department's failure to act promptly, leading to undue delays in resolving the matter. The judgment emphasized the importance of timely decision-making and accountability within the revenue department to prevent unjust consequences for taxpayers.