2000 (4) TMI 95 - AT - Central Excise

Tribunal Orders Revenue to Refund Pre-Deposit, Grants Interest

The Tribunal directed the Revenue to refund the pre-deposited amount to the petitioners following the remand by the Tribunal, citing a Delhi High Court ... Pre-deposits Issues:- Refund of pre-deposited amount post remand by Tribunal- Entitlement to interest on wrongfully retained pre-deposit by RevenueAnalysis:1. Refund of Pre-Deposited Amount Post Remand by Tribunal:The case involved a miscellaneous application seeking a direction for the refund of the pre-deposited amount in compliance with a Tribunal Stay Order. The petitioners had pre-deposited a significant sum, and upon the disposal of their appeal by the Tribunal, the order impugned was set aside, and the matter was remanded for de novo consideration. The jurisdictional Assistant Commissioner rejected the refund request, citing the absence of a specific order for refund in the final order. The learned Consultant argued that the amount pre-deposited during the appeal could not be retained by the Revenue once the order was set aside and remanded. Referring to a decision of the Hon'ble Delhi High Court, it was contended that the pre-deposit was merely pending appeal and should be refunded. The Tribunal, after careful consideration, held that the High Court's decision was applicable in this case, directing the Assistant Commissioner to refund the pre-deposited amount without the need for a specific direction in the final order.2. Entitlement to Interest on Wrongfully Retained Pre-Deposit by Revenue:Additionally, the petitioners requested interest for the period during which the Revenue wrongfully retained the pre-deposit by refusing to refund it. The Tribunal noted that the petitioners had applied for the refund after the issuance of the final order, and therefore, they were entitled to interest as per the decision of the Hon'ble Supreme Court in the case of Kuil Fireworks. Following the precedent set in a previous miscellaneous order, the Tribunal directed the Assistant Commissioner to pay interest on the entire pre-deposited sum at a rate of 12% per annum from the date of the refund claim. The order emphasized strict compliance under Rule 41 of the CEGAT (Procedure) Rules, 1982, requiring the Assistant Commissioner to act promptly and report compliance within eight weeks.In conclusion, the Tribunal's judgment addressed the issues of refunding the pre-deposited amount post remand by the Tribunal and the entitlement to interest on wrongfully retained pre-deposit by the Revenue. The decision was based on legal precedents and established principles, ensuring fair treatment for the petitioners and emphasizing the importance of timely compliance with the directives issued.