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Amounts paid under protest during investigation, before duty liability is determined and without self-assessment, statutory obligation or an adjudicated demand, retain their character as revenue deposits. Sections 11B and 11BB of the Central Excise Act do not govern their refund or interest, and using the statutory refund procedure does not convert them into duty. Article 265 prohibits retention of money without authority of law; compensatory interest may be awarded without an express interest provision. Interest accrues when the deposits are credited to the government account, without the three-month waiting period under Section 11BB. In the absence of a prescribed rate, judicial precedent supplies a measure of 6% per annum until actual refund.
Amounts paid under protest during investigation, before duty liability is determined and without self-assessment, statutory obligation or an adjudicated demand, retain their character as revenue deposits. Sections 11B and 11BB of the Central Excise Act do not govern their refund or interest, and using the statutory refund procedure does not convert them into duty. Article 265 prohibits retention of money without authority of law; compensatory interest may be awarded without an express interest provision. Interest accrues when the deposits are credited to the government account, without the three-month waiting period under Section 11BB. In the absence of a prescribed rate, judicial precedent supplies a measure of 6% per annum until actual refund.
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