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The HC allowed the petition and quashed the impugned order dated 07.10.2024 insofar as it denied interest on excess excise duty of Rs. 8,75,461, holding the collection and retention of the amount by the respondents was without lawful authority. The court directed respondents to refund Rs. 8,75,461 with interest at 12% per annum, calculated from the date of actual payment of each installment of the excess duty until the date of refund, reasoning that the State cannot retain taxpayer funds and is under a statutory obligation to restitute with compensation for use. Payment of the interest amount is ordered to be made within six weeks. Petition allowed.
The HC allowed the petition and quashed the impugned order dated 07.10.2024 insofar as it denied interest on excess excise duty of Rs. 8,75,461, holding the collection and retention of the amount by the respondents was without lawful authority. The court directed respondents to refund Rs. 8,75,461 with interest at 12% per annum, calculated from the date of actual payment of each installment of the excess duty until the date of refund, reasoning that the State cannot retain taxpayer funds and is under a statutory obligation to restitute with compensation for use. Payment of the interest amount is ordered to be made within six weeks. Petition allowed.
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