2025-VIL-1216-ALH-CE
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CENTRAL EXCISE High Court Cases

Central Excise – Applicable rate of interest on refund – Revenue appeal against grant of interest from the date of deposit - Grant of compensatory interest at a higher rate than the prescribed rate of 6% under the provisions of Section 11BB of the Central Excise Act, 1944 - Whether the Tribunal was correct in upholding the order granting interest on the refund amount from the date of deposit, beyond the provisions of Sections 11BB and 35FF of the CEA, 1944 – HELD - The Revenue cannot now contest the nature of the deposit made by the assessee, as the Tribunal's earlier order had clearly concluded that the amount deposited by the assessee during the pendency of the investigation and adjudication proceedings was a "revenue deposit" and not a deposit made against duty, fine, or penalty. The Tribunal had further provided for the refund of the excess deposit, along with interest. Therefore, the interest liability incurred by the revenue did not flow from Section 11BB of the Act, but rather from the revenue's receipt of the assessee's deposit under force or in circumstances other than those governing the payment of duty, fines, and penalties - the Tribunal had discussed the relevant notifications and concluded that the interest rate varied from 6% to 18%, and considering the long duration of retention of the revenue's receipt from the assessee, it had awarded 12% interest – The Tribunal order is upheld and the Revenue appeal is dismissed
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