1992 (2) TMI 213 - AT - Central Excise

Summary

Issues:
1. Grant of interest on refund claims under Central Excise duty.
2. Interpretation of the order of the Hon'ble High Court regarding the date from which interest should be paid.
3. Validity of the order passed by the Collector (Appeals) remanding the case for de novo adjudication.

Analysis:

Issue 1: Grant of interest on refund claims under Central Excise duty
The case involved refund claims filed by the respondents for Central Excise duty paid under protest, claiming exemption under specific notifications. Initially, the claims were rejected by the Assistant Collector but were later granted by the Appellate Collector. Subsequently, the claims were again rejected by the Assistant Collector, leading to writ petitions before the Hon'ble High Court of Orissa. The High Court directed the Assistant Collector to pay the balance amount claimed by the respondents with interest at 12% per annum from the date of the impugned order. The Supreme Court upheld the High Court's decision, leading to the Assistant Collector sanctioning the refund with interest as per the High Court's order.

Issue 2: Interpretation of the order of the Hon'ble High Court regarding the date from which interest should be paid
The Collector (Appeals) remanded the case back to the Assistant Collector for de novo adjudication, questioning the correctness of the order passed by the Appellate Collector. The key contention was regarding the date from which interest should be calculated, as per the High Court's order. The High Court had directed interest at 12% per annum from the date of the impugned orders till the date of payment. The Collector (Appeals) interpreted this to mean interest should be paid from the date of the impugned orders, not from the date of the High Court's order. The Assistant Collector was directed to re-examine the facts and pass a fresh order in compliance with the High Court's direction.

Issue 3: Validity of the order passed by the Collector (Appeals) remanding the case for de novo adjudication
Upon reviewing the order passed by the Collector (Appeals), it was found to be in line with the High Court's directions. The Collector (Appeals) correctly noted that interest should be calculated from the date of the impugned orders, as mentioned in the High Court's order. The appeal challenging the Collector (Appeals) order was dismissed, affirming that the interest should be paid from the date of the impugned orders. The Assistant Collector was directed to make a fresh decision within two months and refund the amount accordingly.

In conclusion, the judgment clarified the calculation of interest on refund claims under Central Excise duty, emphasizing the importance of adhering to the directions given by the High Court and ensuring compliance with the legal provisions governing such matters.