TMI Blog2017 (4) TMI 1252X X X X Extracts X X X X X X X X Extracts X X X X ..... confiscated by the Revenue and was ultimately refunded, the assessee-appellant is entitled to interest and that the department is under obligation to pay the same - appeal allowed - decided in favor of appellant. - CENTRAL EXCISE APPEAL No. 127 of 2015 - - - Dated:- 26-4-2017 - Hon'ble Pankaj Mithal And Hon'ble Vinod Kumar Misra, JJ. Piyush Agrawal for the Appellant Praveen Ku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned interest on it. This interest amount had not been refunded and the tribunal has rejected the claim of interest on the ground that there is no provision under the Act for such award of interest. It is well-settled that nowhere Government can enrich itself at the cost of the other. In the event the Revenue has retained any amount of the assessee-appellant and has earned interest on it, and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , just as an individual would be under like circumstances. The obligation to refund money received and retained without right implies and carries with it the obligation to pay interest. In view of the above decision of the Supreme Court, we hold that on the amount which was illegally confiscated by the Revenue and was ultimately refunded, the assessee-appellant is entitled to interest and that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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