1993 (3) TMI 237 - AT - Central Excise

Tribunal Orders Refund of Interest Amount, Cites Lack of Legal Authority

BHILWARA SPINNERS LTD. Versus COLLECTOR OF CENTRAL EXCISE, JAIPUR

The Tribunal ruled in favor of the appellants, ordering the refund of the interest amount deposited by them towards the interest. It held that the Central ... Refund - Differential duty and interest Issues:Classification of blended yarn under Central Excise Tariff, refund of interest paid by the appellants, authority of Central Excise department to withhold interest amount, jurisdiction of High Court in ordering deposit of differential duty and interest.Classification of Blended Yarn:The appeal involved a dispute regarding the classification of blended yarn manufactured by the appellants under the Central Excise Tariff. The Central Excise authorities contended for classification under a specific item, leading to a higher rate of duty, while the party claimed assessment under a different item with a lower duty rate.Refund of Interest Paid:The appellants had paid a sum towards interest at the rate of 15% per annum, along with the differential duty amount, based on the interim orders of the High Court. Subsequently, the appellants sought a refund of the interest amount, which was declined by the Assistant Collector, leading to the appeal.Authority to Withhold Interest:The main contention was whether the Central Excise department had the legal authority to withhold the interest amount paid by the appellants, considering that the final orders favored the party's classification of the yarn under a lower duty rate item.Jurisdiction of High Court:The judgment analyzed the jurisdiction of the High Court in ordering the appellants to deposit the disputed amount of Central Excise duty and interest and whether the department had the right to retain the interest amount paid by the party.The judgment highlighted that the High Court's interim order did not direct the party to pay the differential duty demanded but required a solvent security. The Collector of Central Excise (Appeals) later ruled in favor of the party's classification, leading to the order for consequential relief.The Tribunal noted that the appellants had paid the interest amount on their own accord, even though there was no demand against them. The judgment emphasized that there was no provision under Central Excise law for collecting such interest, and withholding the interest amount paid by the appellants was unjustified.Ultimately, the Tribunal ruled in favor of the appellants, ordering the refund of the interest amount deposited by the party towards the interest. It concluded that the Central Excise department had no legal authority to retain the interest amount and that it would not be just to require the party to seek a refund through the High Court, directing the immediate repayment of the interest amount to the appellants.In conclusion, the judgment allowed the appeal, providing consequential relief to the appellants and emphasizing the importance of upholding justice in the matter of refunding the interest amount.