1994 (12) TMI 89 - HC - Central Excise

Court denies interest claims on duty refunds under Central Excises and Salt Act, 1944, emphasizes legal foundation.

The court dismissed the petitioners' claims for interest on unlawfully recovered excise duty, citing the absence of statutory provisions supporting ... Refund - Interest on - Excise duty recovered unlawfully Issues:- Claim for interest on unlawfully recovered excise duty- Applicability of interest on refund in absence of statutory provision- Legal basis for claiming interest on refund- Precedent regarding interest on unlawfully recovered tax- Relevance of good faith in recovering excise dutyDetailed Analysis:1. The petitioners in three separate cases sought interest on excise duty unlawfully recovered and subsequently ordered to be refunded by the High Court. Although the High Court did not grant interest or receive any prayer for it, the cases were deemed technically barred by constructive res judicata, but the court proceeded to decide on the merits.2. The petitioners contended for interest on the unlawfully recovered excise duty. However, the court referenced the Division Bench's decision in Satellite Engineering v. Asstt. Collector of Central Excise, which held that interest could not be granted based on the Supreme Court's ruling in M/s. Ujagar Prints v. Union of India. The absence of a statutory provision supporting interest claims on duty refunds under the Central Excises and Salt Act, 1944, further weakened the petitioners' case.3. The court highlighted the lack of legislative provisions allowing interest on refunded duties under the Central Excises and Salt Act, 1944, unlike in other tax statutes such as the Gujarat Sales Tax Act, 1969, and the Income Tax Act, 1961. The absence of a legal foundation for interest claims on duty refunds was a crucial factor in rejecting the petitioners' arguments.4. The court referred to the Bombay High Court's decision in Municipal Borough, Ahmedabad v. Vadilal, emphasizing that interest claims on unlawfully recovered taxes must align with the provisions of the Interest Act. The court concurred with the principle that interest could only be claimed under specific circumstances, such as contractual agreements or trade practices with legal standing. The protection afforded to the government and its officers acting in good faith under the Central Excises and Salt Act, 1944, further supported the denial of interest claims.5. Upholding the legal position established by precedent, the court dismissed the petitioners' claims for interest on unlawfully recovered excise duty. Citing the Division Bench's ruling in Satellite Engineering Ltd., the court found no merit in the petitions and discharged the rules without imposing costs on the petitioners.