2008 (1) TMI 247 - AT - Central Excise

Once the Tribunal has ordered grant of interest up to 18-4-2004, it was for the Revenue to challenge that order either through ROM application or by an appeal and having failed to do so the Tribunal s order has attained finality and therefore the interest will have to be sanctioned up to that date indicated in the Tribunal s order - appeal filed by the Revenue is dismissed

Summary

Issues:
1. Denial of Modvat credit by the Asst. Commissioner
2. Refund claim filed by respondents for the denied amount
3. Denial of interest by the Asst. Commissioner
4. Tribunal's direction to grant interest up to a specific date
5. Revenue's appeal against the interest payment

Analysis:
1. The Asst. Commissioner initially denied Modvat credit totaling Rs. 1,83,946 to the respondents. However, the Commissioner (Appeals) set aside this decision, leading to the respondents filing a refund claim for the amount paid on 31-12-1999.

2. The refund claim was eventually sanctioned and paid by the Asst. Commissioner on 5-9-2003. Despite this, the respondents were denied interest for the period between 31-12-1999 and 5-9-2003, the date of refund sanction and payment.

3. The Tribunal, through Order No. A-52/WZB/2004/C-III, directed the grant of interest up to 18-4-2004, based on the date when the Commissioner (Appeals) instructed to take re-credit. Subsequently, the Deputy Commissioner sanctioned the interest up to 18-4-2004.

4. The Revenue contested this decision, arguing that since the refund was sanctioned on 5-9-2003, interest could not be paid beyond that date. They also claimed that the Tribunal's order dated 30-3-2004 could not refer to a communication dated 18-4-2004 from the Commissioner (Appeals).

5. The Commissioner (Appeals) rejected the Revenue's appeal, emphasizing that the Tribunal's order had not been challenged or set aside by the Revenue. Therefore, the interest had to be granted up to the date specified in the Tribunal's order, i.e., 18-4-2004. Consequently, the Commissioner upheld the previous decision and dismissed the Revenue's appeal.

This comprehensive analysis highlights the sequence of events leading to the dispute over interest payment post a refund claim, the Tribunal's direction regarding interest, and the final decision by the Commissioner (Appeals) in favor of the respondents.