2012 (1) TMI 230 - HC - Central Excise

Court clarifies: Exhaust statutory remedies before seeking interest on tax refund. Writ petition dismissed, interest claim rejected.

Saraswati Marble & Granite Industries Pvt. Ltd. Versus Union of India

Saraswati Marble & Granite Industries Pvt. Ltd. Versus Union of India - 2015 (329) E.L.T. 107 (Raj.) 1. ISSUES PRESENTED AND CONSIDERED 1. Whether a writ petition under Article 226/227 is an appropriate remedy to claim interest on delayed repayment of duty/refund where the right to interest and remedy are governed by the statute (Central Excise Act) and statutory remedies are available. 2. Whether entitlement to interest can be entertained where the adjudicating authority quantified the refund and directed payment to be made on the same day, and payment was in fact made on that date. 3. Whether an earlier decision of the Court in respect of the same assessee/subject-matter entitles the assessee to interest where that earlier decision did not decide the issue of interest but only permitted pursuance of statutory remedies for refund. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Appropriateness of writ jurisdiction to award statutory interest Legal framework: The grant of interest on tax/duty refunds is governed by statute when the statute confers the right and prescribes remedies; otherwise, interest may arise from customs, usage or contract (B.N. Railway principle). The Central Excise Act confers rights and prescribes remedies (including mechanism under Section 11B for interest on delayed refunds/adjudicated dues). Precedent treatment: The Court relied on the settled principle that where entitlement to interest is governed by statute, the aggrieved person must first exhaust statutory remedies and may resort to writ jurisdiction under Article 226/227 only after statutory remedies are pursued. The general rule that interest is governed by statute, contract, custom or usage (as in B.N. Railway) was applied. Interpretation and reasoning: The Court held that because the Act itself confers a right to interest and prescribes the procedures for claiming it, a direct claim for interest by way of a writ petition is misconceived. The remedy under the Act must be invoked first; absent exhaustion of those remedies, writ jurisdiction is inappropriate to grant statutory interest. The reliefs sought in the writ petition were also held to be vague and non-specific, compounding the unsuitability of a writ for grant of interest. Ratio vs. Obiter: Ratio - Where a statutory remedy exists to claim interest (as under the Central Excise Act), a writ petition under Article 226/227 is not the appropriate forum to directly claim such interest without first availing statutory remedies. Obiter - The Court's general remarks on the vagueness of the relief clause reinforce but do not extend the core ratio. Conclusion: The writ petition was an improper vehicle to claim statutory interest; the petitioner should have pursued remedies provided under the Act before seeking relief under Article 226/227. Issue 2 - Entitlement to interest where adjudicating authority quantified refund and directed same-day payment which was made Legal framework: Interest under the Act arises for delayed payment of adjudicated dues; entitlement depends on delay after determination and availability of statutory provision (Section 11B and related provisions). If payment is directed to be made immediately and is in fact made, there is no delay to attract interest. Precedent treatment: The Court applied statutory principles regarding when interest accrues - i.e., only where payment is not made within the time fixed by the statute or adjudicating order. No separate precedent was treated as overruling this statutory principle. Interpretation and reasoning: The record showed that the Assistant Commissioner determined the refund amount and directed payment by cheque on the same date (30-8-2007), and the principal amount was paid. Because adjudication and payment coincided, there was no period of delay for which interest could be claimed under the Act. Consequently, any claim for interest was not maintainable either before the statutory authority or in writ proceedings. Ratio vs. Obiter: Ratio - Where an adjudication order quantifies refund and directs immediate payment and payment is made on that date, there is no delay and therefore no entitlement to interest under the statute. Obiter - Observations on the impossibility of entertaining a claim in the writ petition after such facts are ancillary to the ratio. Conclusion: The claim for interest was unsustainable on the admitted factual position that payment was directed and made on the same day as adjudication; hence no statutory interest accrued. Issue 3 - Effect of earlier Court decision relied upon by petitioner Legal framework: Earlier judicial decisions bind to the extent they address the same point of law and facts; however, where an earlier decision did not decide a specific issue (here, interest), reliance upon it to claim that issue is misplaced. Precedent treatment: The Court examined the earlier decision relied upon by the petitioner and found that it did not decide entitlement to interest but only indicated entitlement to pursue statutory remedies for refund in accordance with law. Interpretation and reasoning: Because the prior decision did not adjudicate the interest question, and because the statutory claim for refund was thereafter determined and paid on the same day, the earlier decision did not create a standalone right to interest or alter the requirement to pursue statutory remedies. The petitioner's reliance on that decision to obtain interest was therefore rejected. Ratio vs. Obiter: Ratio - A prior decision that does not address the specific issue of interest does not entitle a party to recover interest; statutory procedure and factual occurrence (payment on same day) control entitlement. Obiter - None material beyond this clarification. Conclusion: The earlier decision did not entitle the petitioner to interest; it merely permitted pursuit of statutory remedies and did not change the result where the refund was quantified and paid without delay. Overall Conclusion and Disposition Given (a) the statutory scheme governing interest and requirement to exhaust statutory remedies, (b) the factual finding that the adjudication directed payment on the same date and payment was made, and (c) the prior decision's inapplicability to entitlement to interest, the writ petition seeking interest was misconceived and devoid of merit; the petition was dismissed. No order as to costs.