1992 (3) TMI 69 - HC - Central Excise

Summary

Issues:
1. Whether interest should be paid on the refunded amount by the appellants.
2. Whether a claim for interest can be entertained under Article 226 of the Constitution.
3. Whether the rate of interest awarded is appropriate in the given circumstances.

Analysis:
1. The case involved an appeal by the Union of India and the Collector of Customs against a judgment directing them to pay interest on an amount withheld without authority of law. The respondents imported Alloy Steel Scrap and were charged excess duty, leading to a refund claim. The appellants refunded a portion of the amount, and a writ petition was filed for the remaining balance. The Single Judge initially directed interest at 12% per annum, which was upheld by a Division Bench in a previous case. The present petition sought interest at 18% on the refunded amount, which was granted at 12% by the Single Judge, considering the discretion of the court in awarding interest.

2. The appellants argued that since they voluntarily refunded the amount, no interest should be paid, and a claim for interest should not be entertained under Article 226 of the Constitution. However, the court noted that the amount was recovered without authority of law, justifying the award of interest. The court clarified that while the Customs Act does not provide for interest in such cases, Article 226 allows for compensation for the unlawful retention of funds.

3. The court considered the large amount involved and the duration of withholding the funds without authority of law. Despite the appellants voluntarily refunding a portion of the amount, the respondents were deprived of its use for a significant period. The court upheld the rate of interest at 12% per annum, as previously determined by a Division Bench, emphasizing the need to consider all circumstances and exercise discretion in awarding interest. The judgment modified the order to allow a reasonable period for the appellants to examine the claim before interest accrues, ultimately dismissing the appeal with no costs awarded.