2009 (10) TMI 411 - AT - Central Excise

Tribunal Upholds Commissioner's Orders on Refund & Interest Payment

The Tribunal dismissed both appeals, affirming the Commissioner (Appeals) orders regarding the refund and interest payment on the refunded amount of ... Interest on interest – delayed refund of interest – Held that: - What is contained in Section 11BB is a provision for payment of interest on an amount of duty refunded under Section 11B of the Act. Where an Appellate Commissioner sanctions a refund claim in favour of an assessee but the department delays the refund, the assessee, under Section 11BB, can claim interest from the date immediately following three months from the date of the Appellate Commissioner’s order to the date of refund of duty. If this principle is applied to the appellant’s claim of interest, it could be held that they should be paid interest from the date following three months from 27-2-2007 on the amounts of Rs.2,25,598/- and Rs.32,436/- to 21-7-2007 and 13-6-2008 respectively. – decided in favor of assessee. Issues:Interest on interest.Analysis:The case involved the recovery of duty by encashing bank guarantees, with a surplus amount appropriated towards interest under Section 11AA of the Central Excise Act. The appellant appealed against the demand of interest, leading to a series of orders and appeals. The Commissioner (Appeals) initially remanded the case for de novo adjudication, which eventually resulted in the appellant being held not liable for interest on duty. The appellant then sought a refund of the interest paid, which was partially granted by the Assistant Commissioner, but with an amount appropriated for wrongly availed CENVAT credit. The Commissioner (Appeals) later allowed the appeal against this appropriation, citing legal precedents supporting the refund of illegally collected amounts. The appellant then claimed interest on the refunded amount, leading to further appeals and arguments.The main contention revolved around the appellant's claim for interest on the refunded amount of Rs.2,58,044/-, based on various legal references and principles. The appellant argued for interest payment on equitable grounds, citing lack of specific statutory provisions for such refunds. The Tribunal, however, emphasized the need for specific claims for equitable relief and highlighted the applicability of Section 11BB of the Central Excise Act for interest on refunded duty amounts. The Tribunal upheld the Commissioner (Appeals) order granting interest from three months after the date of the appellate authority's decision to the date of refund, based on the principles of Section 11BB.In conclusion, the Tribunal dismissed both appeals, affirming the Commissioner (Appeals) orders regarding the refund and interest payment on the refunded amount. The decision was based on the application of Section 11BB principles and the lack of grounds for equitable relief beyond statutory provisions.This detailed analysis of the judgment highlights the progression of the case, the legal arguments presented by both parties, and the final decision based on statutory provisions and legal precedents.