2012 (6) TMI 817 - HC - Central Excise

Court orders refund of Rs. 60 lakhs collected by tax authorities before determining liability

Hindustan Granite Versus Commissioner of C. Ex., Bangalore-I

The court ruled in favor of the petitioner, a firm engaged in processing and exporting granite and marble slabs, who sought a refund of Rs. 60 lakhs ... - Issues:The judgment involves the issue of refund sought by the petitioner u/s investigation conducted by the Commissioner of Central Excise, Bangalore, and the legality of the amount collected during the said investigation.Summary:The petitioner, a firm engaged in processing and exporting granite and marble slabs, sought a refund of Rs. 60 lakhs collected by the authorities during an investigation. The petitioner claimed that they were pressured to deposit the amount, even though they believed they were not liable to pay any duty. The petitioner relied on various judgments to support their claim that the amount was collected illegally. The respondent, however, contended that the amount was deposited voluntarily pending completion of the investigation. The Court noted that the amount was collected before determining the actual liability of the petitioner and directed the Commissioner to expedite the proceedings. The Court ruled that the amount deposited would earn interest at 9% and be refunded if the order favored the petitioner. The petitioner was given a deadline to file a reply, and the Commissioner was directed to pass final orders within a specified period. If the petitioner succeeded, the deposited amount would be refunded with interest.The judgment highlighted the importance of following due process in determining tax liabilities and emphasized that the authorities should not collect amounts illegally. The Court directed the Commissioner to expedite the proceedings and ensure that the petitioner's claim for refund, along with interest, would be addressed if the final order favored the petitioner.