TMI Blog2016 (10) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... he Central Excise Act for refund would not be applicable. Consequently, the provisions of section 11BB of the Central Excise Act which provides for interest on delayed refund, would not be applicable. It is settled legal position that in the absence of a statutory provision entitling the assessee to interest, a mandamus cannot be issued to the revenue to pay interest. Therefore, though the petitioner has claimed interest at the rate of 18%, the same is not backed by any statutory provision and hence, the relief prayed in the application to that extent cannot be granted. Application succeeds - petitioner entitled to get the refund only of amount deposited earlier, and no interest granted - in case such amount is not paid to the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relief. Shri Bharat Rao, learned counsel appearing on behalf of the petitioner has stated at the Bar under the instructions from his client that without prejudice to his rights and contentions in the petition and to show his bonafides, petitioner shall deposit 30% of the amount due and payable with the Department within a period of two weeks from today and shall file undertaking that till the petition is heard, the petitioner shall not transfer the property in question in any manner whatsoever and an undertaking to that effect shall also be filed within a period of two weeks from today with a copy to learned counsel appearing on behalf of the respondents. Under the circumstances, on deposit of 30% of the amount due and payable under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... demand for interest at the rate of 18% per annum of such amount is concerned, this court while passing the order dated 6th December, 2013 had not specified that the petitioner would be entitled to refund of the amount with interest if it succeeded in the petition. The amount deposited by the petitioner is pursuant to an interim order passed by the court and is not in the nature of payment of excise duty and hence, the provisions of the Central Excise Act for refund would not be applicable. Consequently, the provisions of section 11BB of the Central Excise Act which provides for interest on delayed refund, would not be applicable. It is settled legal position that in the absence of a statutory provision entitling the assessee to interest, a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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