2017 (5) TMI 615 - AT - Central Excise

Interest on refund of pre-deposit - relevant period for calculation of interest - Circular No. 275/37/2K-CX-8A dated 2.1.2002 - Circular No. 802/35/2004-CX dated 8.12.2004 - Held that - the assessee appellant is eligible for the interest on the delayed refund by the department as per instructions/clarifications issued by CBEC and the decisions of higher judicial fora - the appellant is entitled to the interest from the day when three-month period expires from the day of Tribunal s order dated 27.3.1998. The Revenue s submission that no proof regarding application for refund submitted by the assessee is not relevant for the present facts when CBEC in their circular makes a mention that refund in case of pre-deposit is to be made without insisting upon refund applications u/s 11B(1) of CEA within period of three months from the disposal of the appeal. Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Denial of interest on refund of pre-deposit made pursuant to a Stay Order
- Eligibility of the appellant for interest on delayed refund by the department
- Applicability of CBEC circulars and judicial decisions on the refund of pre-deposits
- Interpretation of relevant legal provisions for refund of pre-deposits and interest

Analysis:
1. Denial of Interest on Refund of Pre-Deposit:
The appellant, M/s Rewa Fan Industries, appealed against the Order-in-Appeal denying interest on the refund of a pre-deposit made following a Stay Order. The department argued that the demand against the assessee arises from the date of the Show Cause Notice, not from the confirmation by the adjudicating authority or Tribunal. Additionally, the department contended that there was no evidence of the appellant's request for a refund, as claimed, and no direction for a refund was given while the matter was pending adjudication.

2. Eligibility for Interest on Delayed Refund:
The appellant sought interest on the pre-deposit from the expiry of three months from the Tribunal's order remanding the matter for fresh adjudication. The Tribunal found that the appellant was entitled to interest on the delayed refund based on CBEC circulars and judicial decisions. Notably, Circular No. 275/37/2K-CX-8A emphasized the return of deposits in case of appeal success or remand for fresh adjudication, without insisting on formal refund applications.

3. Applicability of CBEC Circulars and Judicial Decisions:
The Tribunal referenced Circular No. 802/35/2004-CX and judicial precedents like Voltas Ltd. and Nelco Ltd. to support the appellant's claim for interest on pre-deposits. The circulars highlighted the obligation to return pre-deposits within three months of appeal disposal in the assessee's favor. Judicial decisions reinforced the principle that pre-deposits should be refunded promptly upon appeal success or remand, without undue delay or withholding without legal authority.

4. Interpretation of Legal Provisions for Refund and Interest:
The Tribunal's decision aligned with the CBEC circulars and judicial interpretations, emphasizing the appellant's entitlement to interest on the delayed refund of the pre-deposit. Citing precedents like Ispat Traders Vs. CCE, the Tribunal clarified that regardless of when the deposit was made, it should be refunded with interest upon a favorable decision for the appellant. The Tribunal set aside the impugned order and allowed the appeal, granting consequential relief to the appellant in accordance with the legal principles discussed.

This detailed analysis of the judgment highlights the key issues, arguments presented, relevant legal provisions, and the Tribunal's decision based on CBEC circulars and judicial precedents regarding the refund of pre-deposits and entitlement to interest on delayed refunds.