2004 (9) TMI 116 - HC - Central Excise

Supreme Court Orders Interest on Delayed Refund, Petitioners Prevail

The Supreme Court affirmed the Division Bench's decision in favor of the petitioners, directing the Central Excise Authorities to refund the deposited ... Refund - Interest for delay Issues: Claim for interest on delayed refund of deposit.Detailed Analysis:Issue 1: Claim for interest on delayed refund of depositThe petitioners had deposited a sum of Rs. 1,00,00,000 pursuant to a court order, which was later refunded during the pendency of the writ petition. The main contention was the petitioners' claim for interest on the delayed refund. The Division Bench of the court had declared in favor of the petitioners, directing the Central Excise Authorities to refund the amount. The Supreme Court dismissed the appeal by the Union of India and the Central Excise Authorities, affirming the refund order. However, the refund was not made within a reasonable time, prompting the petitioners to file a writ petition claiming interest on the delayed refund. The court acknowledged that there was no specific order for interest in the previous judgments but ruled that the respondents were liable to pay simple interest at the rate of 8% per annum from July 10, 2002, until March 5, 2004. The court considered three months from the date of the Supreme Court's decision as a reasonable period for the refund, and since it was not processed within that time, interest was awarded to the petitioners.Conclusion:The court disposed of the rule by ordering the respondents to pay simple interest at the rate of 8% per annum on the refunded sum of Rs. 1,00,00,000 from July 10, 2002, to March 5, 2004. The respondents were directed to pay the due interest amount within one month from the receipt of the court's order, with no additional costs imposed.