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2023 (5) TMI 896 - CALCUTTA HIGH COURTGrant of interest on the amount which was sanctioned as refund - Power of tribunal to grant interest - Refund of amount includes amount deposited with the Registrar of High Court - calculation of relevant period for which interest is to be paid. - HELD THAT:- There may not be any necessity to examine the effect of the CESTAT Procedure dated 17th July 2009 qua the order passed by the learned Tribunal dated 14th December, 2020 as the period during which the orders were reserved by the Tribunal would fall during which lockdown was imposed and the Hon'ble Supreme Court had also extended the period of limitation under various statutes. Therefore, on the said ground, the order passed by the learned Tribunal cannot be held to be non est in law. That apart, no such substantial question of law has been suggested by the revenue in this appeal. Having steered clear of this issue, now we need to consider as to whether the learned Tribunal was justified in granting interest at the rate of 10%. If the Assistant Commissioner of Central Excise is empowered to grant interest, it goes without saying that such power was enure in favour of the appellate authority namely, the Commissioner of Central Excise as well as the Tribunal which will test the correctness of the order passed by the Commissioner and also this Court, in exercise of power under Section 260A of the Income Tax Act. Therefore, there is sufficient power vested with the Tribunal considering the facts and circumstances of the case to grant interest. However, in this case the facts are exceptional and peculiar. More particularly, because of the earlier round of litigation before this Court - such right to claim interest not only emanates from the statutory provision of Section 11BB of the Central Excise Act but also pursuant to the orders passed by this Court in the writ petition filed by the respondent/assessee before this Court. Quantum of interest at the rate of 10% - HELD THAT:- The total interest which was sanctioned and refunded to the respondent/assessee is Rs. 59,85,338/-. If that be so, then the present appeal will be hit by the monetary limit fixed by the CBIC in its Circular dated 22nd August, 2019 which fixed the monetary limit of Rs. 1 crore for the revenue to pursue appeals before this Court against the order passed by the Tribunal. Therefore, on that score also the revenue is liable to be non suited. That apart there is nothing on record to indicate that the case on hand would fall within any one of the exception which have been curved out in the circular issued by the CBIC. There is no question of law arising for consideration in this appeal - Appeal dismissed.
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