2007 (11) TMI 107 - AT - Central Excise

Delayed grant of refund - Applicant contending that interest due to it was to be calculated on the basis of its refund application filed on 5-2-98 held that Revenue will resolve the repeated litigation made by it entertaining claim of the Appellant for interest on refund w.e.f. 5-5-98 i.e. three months after exercise of right to refund by Application dated 5-2-98

Summary

Issues:
1. Calculation of interest on refund amount.
2. Compliance with Tribunal orders and Circulars.
3. Entitlement to interest on refund.

Issue 1 - Calculation of interest on refund amount:
The Appellant challenged the first appellate order allowing the departmental appeal against the Order-in-Original sanctioning differential interest in their favor. The ld. Commissioner (Appeals) found errors in calculating interest from a specific date and directed the recalculation of interest payable from a different date. The Tribunal had previously settled the refundability of a deposit in an earlier order, which the ld. Commissioner (Appeals) failed to consider. The Appellant contended that interest should be calculated based on the Circular No. 802/35/2004-CX, dated 8-12-2004, which specified the timeline for refund and interest payment.

Issue 2 - Compliance with Tribunal orders and Circulars:
The ld. Commissioner (Appeals) passed the order without considering the Tribunal's previous order and a Supreme Court judgment related to the payment of interest. The Tribunal had earlier held that the Appellant was entitled to a refund and interest, but this was not adequately considered in subsequent proceedings. The Appellant argued that the final order granting the refund automatically entitled them to interest as per the Circular issued by the authorities.

Issue 3 - Entitlement to interest on refund:
The Tribunal had previously ruled in favor of the Appellant, stating that interest on the refund amount should be calculated from a specific date. The Appellant exercised their right to refund on a particular date, and the Tribunal directed the Revenue to calculate interest accordingly. The Supreme Court's decision directed compliance with a draft Circular for resolving the dispute and paying interest on the refund amount. Ultimately, the Appeal was allowed, setting aside the impugned order and directing the Revenue to resolve the repeated litigation by entertaining the Appellant's claim for interest on the refund amount from the specified date.

This judgment highlights the importance of complying with Tribunal orders and Circulars in determining the calculation and payment of interest on refund amounts, emphasizing the need for thorough consideration of previous decisions and legal provisions in such matters.