2013 (9) TMI 910 - HC - Central Excise

Interest from the Date of Deposit on Delayed Refund - Whether the pre-deposit made as a condition precedent for the hearing of the appeals under the Central Excise Act, 1944 was, on the assessee being ultimately successful, refundable to the assessee with interest Held that - The said point is concluded by a judgment of this Court in the case of Commissioner of Central Excise, Hyderabad versus I.T.C Ltd 2004 (12) TMI 90 - SUPREME COURT OF INDIA - the Central Board of Excise & Customs has also issued a circular bearing No.802/35/2004-CX, dated 8th December 2004 allowing payment of interest on delayed refund of amount of pre-deposit - there was no error in the order of the Tribunal refusing to grant interest from the date of deposit - The points raised in the appeal are decided against the appellant Decided against Assessee.

Summary

Issues involved:
1. Entitlement to interest on the deposited amount.
2. Refund of deposited amount along with interest.
3. Entitlement to interest under section 35-F of the Central Excise Act.
4. Justification of not directing payment of interest on the deposited amount.

Analysis:

Issue 1: Entitlement to interest on the deposited amount
The appellant contended that interest should be paid from the date of deposit, i.e., 27.11.2000. However, the Tribunal did not accept this argument, stating that the refund became due to the appellant following the order dated 2.8.2002 by the Apex Court, and the amount was refunded within three months. The Tribunal's decision was influenced by the authoritative pronouncement of the Apex Court in Commissioner of Central Excise, Hyderabad versus I.T.C Ltd. 2005(179) E.L.T.15(S.C), which concluded a similar controversy.

Issue 2: Refund of deposited amount along with interest
The appellant sought a refund of the deposited amount along with interest at the rate of 18% per annum. However, the Tribunal's decision was in line with the judgment in Union of India versus Tata SSL Ltd. 2007(218) E.L.T 493 (S.C), which clarified that on the assessee being successful, the pre-deposit made for hearing appeals under the Central Excise Act was refundable with interest. The Tribunal's order dismissing the appeal was based on this legal precedent.

Issue 3: Entitlement to interest under section 35-F of the Central Excise Act
The appellant argued that under section 35-F of the Central Excise Act, they were entitled not only to a refund of the deposited amount but also to interest at the rate of 18% from the date of deposit until the date of refund. However, the Tribunal's decision was consistent with legal interpretations and circulars issued by the Central Board of Excise & Customs, which allowed for interest on delayed refunds of pre-deposit amounts.

Issue 4: Justification of not directing payment of interest on the deposited amount
The Tribunal's decision not to direct the payment of interest at the rate of 18% on the deposited amount of Rs.10 lakhs was upheld by the High Court. The Court found no error in the Tribunal's refusal to grant interest from the date of deposit, as the legal precedents and circulars supported the decision. Consequently, the appeal was dismissed, with each party bearing their own costs.

In conclusion, the High Court upheld the Tribunal's decision, citing relevant legal judgments and circulars to support the denial of interest on the deposited amount from the date of deposit. The appellant's contentions were addressed and dismissed based on established legal principles and precedents.