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TMI Blog2016 (3) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... by the department was dismissed for non prosecution by the Hon'ble Apex Court. Even thereafter, the petitioner's claim for interest has not been considered. Therefore, in view of the decision of the Hon'ble Supreme Court in the case of Commissioner of Central Excise, Hyderabad vs. I.T.C. Limited [2004 (12) TMI 90 - SUPREME COURT OF INDIA] and in view of the Circulars F.No.275/37/2K-CX.8A dated 02.01.2002 and 802/35/2004-CX dated 08.12.2004 issued by Ministry of Finance, the petitioner is directed to submit a calculation memo with regard to interest to the respondents and the same shall be considered. - Petition is disposed of - W.P.No.15339 of 2002 - - - Dated:- 16-9-2015 - MR. R.MAHADEVAN, J For the Petitioner : Mr. C. Saravanan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner filed the present writ petition before this Court. 3. This Court, by way of an interim order dated 29.07.2002, directed the petitioner to furnish bank guarantee for a sum of ₹ 61,53,069/- and on such furnishing, the respondents were directed to pay the said sum and further directed the petitioner to keep the bank guarantee alive till the disposal of the writ petition. Further, by order dated 22.07.2005, this Court clarified that there is no need to keep the bank guarantee alive or extend its life as ordered on 29.07.2002. 4. As per Circular F.No.275/37/2K-CX.8A dated 02.01.2002, issued by the Ministry of Finance (Department of Revenue), Central Board of Excise and Customs, New Delhi, it was clarified that refund ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt. Even thereafter, the petitioner's claim for interest has not been considered. 6. At this juncture, it is useful to refer to the Judgment of the Hon'ble Supreme Court in the case of Commissioner of Central Excise, Hyderabad vs. I.T.C. Limited reported in 2005(179) E.L.T. 15 (S.C.), wherein, the Hon'ble Supreme Court has held as follows:- The issue in this appeal and in several other appeals is whether the pre-deposit made as a pre-condition for the hearing of the appeal under the Central Excise Act, 1985, was, on the assessee being ultimately successful, refundable to the assessee with interest. The learned Solicitor General has taken instructions and has stated before this Court that the Central Board of Excise and C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... default will entail an interest liability, if such liability accrues by reason of any orders of the CESTAT/Court, such orders will have to be complied with and it may be recoverable from the concerned officers.. . 8. The learned Standing Counsel for the respondents submitted that interest for actual number of days has to be verified by the department. 9. In view of the decision of the Hon'ble Supreme Court referred to above and in view of the Circulars cited supra and in view of the submission made by the learned Standing Counsel for the respondents the petitioner is directed to submit a calculation memo with regard to interest to the respondents within a period of two weeks from the date of receipt of a copy of this ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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