TMI Blog1989 (3) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... in this writ petition and seek a writ of Mandamus directing the respondents viz., the Government of India and the Customs authorities, to refund to the petitioner in cash or by a cheque an amount of Rs. 38,67,996.67. 2. The matter arose under the following circumstances : The petitioner carries on the business of manufacture of fertilizers including Gromor NPK. For the purpose of manufacture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y was sought to be resolved by filing appeal/revision, the details of which may not be necessary for the purpose of this case. However, ultimately, the petitioner paid the full amount on the finished product inasmuch as the petitioner was not permitted to avail the benefit of proforma-credit. Thereafter, the petitioner applied for refund of the excise duty paid on the manufacture of the fertilizer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by cheque, and directed the petitioner to take credit in R.G. 23, Part-II account. This order was challenged by the petitioner before the Collector. The Collector remanded the matter to the Assistant Collector. Questioning the remand order, the petitioner filed an appeal before the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as "the Tribunal"). The Tribunal, foll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner. 4. The learned Standing Counsel for the Central Government, however, submits that the amount can be adjusted in R.G. 23, Part-II account. The learned Counsel for the petitioner submits that there is no such account now in respect of finished goods, in this case, because no duty is leviable, since 1980, either on raw material or on finished product i.e., Gromor NPK. Therefore, accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the Tribunal is again questioned in this writ petition, and the Central Government has taken a stand that, even now, adjustment can be made under R.G. 23 account. 7. Having taken the view that the amount claimed by the petitioner is refundable, we hold that the petitioner is entitled to interest on the amount refundable at the rate of 8 per cent per annum, from today till the date of paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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