TMI Blog2001 (6) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... e the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as "CEGAT"). The "CEGAT" directed the respondent-Company to pay a sum of Rs. 30 lakhs as pre-deposit for entertaining the appeal. The respondent-Company has also paid the said amount. Ultimately, the appeal was allowed in favour of the respondent-Company on 2-9-1999 and the demand was set aside. In spite of the repeated requests made by the respondent-Company, the pre-deposit amount was not repaid by the Department. Therefore, the respondent-Company has filed the writ petition. But, during the pendency of the writ petition the entire pre-deposit amount was repaid on 14-9-2000, without interest. 3.The learned single Judge, after hearing both sides and on c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an illegal act of detention of the goods by the excise authorities and directed the Department to pay interest at the rate of 12% p.a. Hence this decision is also not applicable to the case on hand. Therefore, in the absence of any specific provision, the respondent-Company is not entitled for any interest, according to the Department. 6.On the other hand, learned Senior Counsel for the respondent-Company submits that there is no error in the order of the learned single Judge as they have paid the pre-deposit for entertaining the appeal and once the appeal is allowed and the demand was set aside, the deposit amount is bound to be repaid with interest, and the learned single Judge has rightly awarded interest and this Court should not inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t from assessees for non-payment of deposit within due time and imposing 24% interest, the Department cannot take the plea that they are not liable to refund the pre-deposit amount with interest for want of no provision to that effect. Under the circumstances, the respondent-Company is entitled to receive interest on the payment of pre-deposit amount. 8.Now, the question remains is whether the respondent-Company is entitled to receive interest at 18% or 15% as suggested. On consideration, we think that the respondent-Company is entitled to get 15% interest from the date of the order of CEGAT. The learned single Judge has awarded 18% interest. Under such circumstances, we modify the order of the learned single Judge and direct the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
