9911796707
TMI Blog2015 (1) TMI 944X X X X Extracts X X X X X X X X Extracts X X X X ..... t'). During the period January 1995 to March 1997 they utilized the credit of duty paid under the Additional Duties of Excise (Textile and Textile Articles) Act, 1978 of Rs. 41,01,467/on inputs. These are yarn and grey fabrics for discharging liability of additional duties of excise on the final product, namely, PVC Leather Cloth under the Additional Duty of Excise (Goods of Special Importance) Act, 1957. The Department/Revenue was of the view that the credit was wrongly utilized. The Petitioners, therefore, deposited the above sum during the month of April and May 1997. A show cause notice dated 6th July, 1998 was issued to the Petitioners which was adjudicated by the Commissioner of Central Excise, Mumbai V, who passed an order on 6th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of refund(Rs.41,01,467/). 4] The Petitioners are aggrieved and dissatisfied with the fact that despite such order, the interest amount has not been paid by the Respondents. 5] On the earlier occasion, we issued notice and called for a reply affidavit. In the reply affidavit, the Petitioners main contentions have not been disputed. However, what has been brought to the notice of this Court is that against the Tribunal's order dated 14th November, 2013 the Revenue preferred Central Excise Appeal (Lodging) No.148 of 2014 in this Court. This Court on 8th May, 2014 has admitted it as the same involves substantial questions of law. It is, therefore, submitted that the order passed by the Tribunal sanctioning the refund is now at larg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court and the Appeal of the Revenue is pending. We are of the view that mere pendency of these proceedings and in the given facts and circumstances, would not enable the Revenue to resist the claim as eventually, the principal amount was due and recoverable. That sum has been already remitted. In other words, the Petitioners have received a sum of Rs. 41,01,467/. The balance claim that remains is of interest on this sum. If the statute provides that in the event, amount is not paid within a specified time, then, the Revenue will have to pay interest, unless and until, the Revenue was able to obtain any preventive or prohibitory order and direction. It cannot refuse to release the sum in favour of the Petitioners. The Revenue could have rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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