9911796707
TMI Blog2003 (7) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... refund claim for refund of proportionate duty in respect of the damaged goods. Initially the Asstt. Collector passed an order-in-original whereby the refund claim was found to be time-barred. The Collector (Appeals), in appeal preferred against the order-in-original, upheld the order of the Asstt. Collector. However, the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi by a judgment and/or order dated 8-4-1992 allowed the appeal of the petitioner and set aside the impugned order with consequential relief. 3.As the petitioner was still not refunded the amount, it moved an application before the Tribunal praying for the consequential relief that was granted to it by the earlier order dated 8-4-1992. By an order dated 19-11-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 986 (25) E.L.T. 939 (Calcutta). In that case in Paragraph 17, it was observed as under :- "It is not disputed that the petitioner was not liable to pay any duty on the product processed by it. Thus, the collection made by the respondents is unauthorised. Interest is the return or compensation for the use or retention of another's money. The respondents have retained and enjoyed the benefit of such money so long. Accordingly, the petitioner is entitled to interest. Two decisions of Gujarat High Court support the view I have taken in Vijay Textile, A Partnership Firm at plot No. 4, Nerol Abendaly v. Union of India reported in 1979 (4) E.L.T. 181 the Gujarat High Court held that if the Excise Authorities have collected any amount as tax with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19) E.L.T. 279 (M.P.). This is a decision given by a learned Single Judge of the High Court of Madhya Pradesh wherein it has been observed that the power of the High Court to award interest, on equitable ground, in exercise of writ jurisdiction, is well recognised. In this decision, it was also observed that it is a well-settled and existing principle of equity that when a party has suffered any loss on account of wrongful withholding of any amount due to him by the other party, the latter who has drawn undue advantage by withholding the said amount should compensate the former. On these principles, the Court allowed the petitioner interest @ 12% per annum on the principle amount refunded. 5.It is to be noted that the Customs Act, 1962 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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