TaxTMI 
TaxTMI 
2013 (7) TMI 799
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....pondent authorities to refund penalty and fine refundable to the petitioner forthwith and in any case within thirty days from the date of communication of the order. The value of the oil shall be assessed at the earliest and in any case within sixty days from the date of communication of this order after giving the petitioner an opportunity of hearing. The petitioner shall be entitled to interest on delayed refund at the rate of 9% per annum from the date of the Appellate Order." Aggrieved by the judgment and order, the Revenue has come up in appeal. Mr. Bharadwaj, learned Advocate appearing in support of the appeal, advanced the following submissions: (a) There is no question of payment of any interest in case of refund of fine....
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....ee months from such date, there shall be paid to the applicant interest under this section from the date immediately after three months from such date, till the date of refund of such duty. Explanation. - where any order of refund is made by the Commissioner (Appeals), Appellate Tribunal [ National Tax Tribunal ] or any court against an order of the [ Assistant Commissioner of Customs or Deputy Commissioner of Customs under sub-section (2) of section 27, the order passed by the Commissioner (Appeals), Appellate Tribunal [ National Tax Tribunal ] or as the case may be, by the court deemed to be an order passed under that sub-section for the purposes of this section.]" The notification dated 12th September, 2003 provides for payment of ....
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....e the legality of the orders requiring payment of tax or duty were challenged and the High Court in exercise of its jurisdiction under Article 226 of the Constitution, while setting aside the said orders, has directed the refund of the amount so collected with interest. The direction for payment of interest in these cases was by way of consequential relief along with the main relief of setting aside the order imposing the tax or duty. Those cases stand on a different footing and have no application to the present case. The appeal is, therefore, allowed, the impugned judgment of the High Court is set aside and the writ petition filed by the respondents before the High Court is dismissed. No order as to costs." Mr. Bharadwaj also relied on....
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.... purposive approach. The contextual meaning has to be ascertained and given effect to. A provision for deduction, exemption or relief should be construed reasonably and in favour of the assessee. The object being that in computation of the net income, the statute provides deductions, exemptions or depreciation of the value of the capital assets from taxable income. Therefore, buildings which have not been specifically defined to include road in the Act must be taken in the legal sense." Mr. Chowdhury, learned Advocate appearing for the writ petitioner/respondent, disputed the submissions advanced by Mr. Bharadwaj. He contended that Section 27A has no manner of application because Section 27A applies to the cases of refund of duty. In the....
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.... authority by its judgment and order dated 2nd December, 2009 allowed the appeal and directed refund of the monies paid by the writ petitioner on account of fine and penalty. Since the Revenue did not carry out the appellate order, the writ petition was filed which was disposed of by the learned Trial Court by the impugned order. The first and the second submissions of Mr. Bharadwaj, indicated above, were sought to be backed by the judgment in the case of Union of India & Ors. vs. Orient Enterprises & Anr. [supra]. It can be pointed out that in the aforesaid judgment their Lordships did not hold that interest was not payable. Their Lordships held that the writ petition was not filed for enforcing any legal right and therefore, the same w....
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....eme Court there was no rate of interest specified in the proposal and, therefore, the Supreme Court awarded interest @ 12% per annum. Therefore, when this Court directed the respondent to pay interest to the appellant in terms of the Circular Bearing No.802/35/204-CX., dated December 8, 2004 on the pre-deposit of the delayed refund within two months from today it has to be construed that this Court meant the rate of interest which was awarded by the Supreme Court in the case of Commissioner of Central Excise v. ITC Limited which was the rate quantified by the Supreme Court in absence of any statutory provision in the said Act." The third submission of Mr. Bharadwaj is equally without any merit. The judgment cited by him in the case of C.....