9911796707
TMI Blog2013 (1) TMI 413X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount on 29.07.2008 - Held that:- Agreeing with the finding of the Commissioner(Appeal) that in absence of a specific provision under the Central Excise Act and the Rules made thereunder the interest for the period the currency was retained by the department, cannot be granted. It is needless to mention, even though the Tribunal has all the trappings of a court, but it cannot considered as a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 1996. After protracted litigation, they succeeded finally before this Tribunal on 04.10.2005. The department filed an Appeal against the said order before the Hon ble High Court, which resulted dismissal of the departmental appeal. Consequently, the appellant sought return/refund of the currency amount from the Assistant Commissioner of Central Excise, who ordered refund of the same on 28.07.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme Court in the case of Sandvik Asia Ltd. vs. Commissioner of Income Tax-I, Pune 1996 (196) E.L.T. 257 (S.C.) wherein it is held by the Hon ble Apex Court that interest should be granted in the case the tax amount has been collected without authority of law. Further, he has submitted that the currency amount seized from the Appellant were retained by the department for so many years, therefore, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In support, Ld.Advocate had cited various decisions wherein interest has been allowed on seized currency, in particular the judgement of the Hon ble Rajasthan High Court in Rang Lal case(supra) which has been upheld by the Hon ble Suprement Court. I find that the said judgement was delivered by the Hon ble High Court in exercising its Writ jurisdiction. However, I agree with the finding of the L ..... X X X X Extracts X X X X X X X X Extracts X X X X
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