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M/S Bata India Ltd vs Commissioner Central Excise, Delhi-Iv on 25 April, 2023 cites

Commnr. Central Excise & Customs, ... vs M/S. I.T.C. Ltd. & Ors on 31 October, 2006

Even though various other judgments of various High Courts and the various Tribunals was brought to my notice awarding 15% interest, in view of the directions contained in the judgment of the Apex Court in Commissioner of Central Excise v. ITC Ltd (supra) rate of interest is to be confined to 12%. I am also bound to follow the same. Therefore the interest that is liable to be paid by the respondents as per the directions of this Court in Ext.P12 judgment is fixed at 12% per annum.
Supreme Court of India Cites 6 - Cited by 114 - S B Sinha - Full Document

Sony Pictures Networks India Pvt. Ltd vs The Union Of India on 1 September, 2016

The High Court of Kerala, in Sony Pictures Networks India Pvt. Ltd. vs. Union of India, 2017 (353) E.L.T. 179 (Ker.) was examining a case, where the assessee was liable to pay refund amount on expiry of three months from thedate of order dated 18.11.2002 passed by the Appellate Tribunal. It was held that even if the application was submitted late, the circulars dated 02.01.2002 and 08.12.2004 issued in respect of refund/return of deposits do not restrict payment of interest from the date of submission of application. In para nos.14 and 15 of the aforesaid judgment, it was observed as under:-
Kerala High Court Cites 10 - Cited by 5 - S P Chaly - Full Document

Assistant Collector Of Central ... vs National Tobacco Co. Of India Ltd on 9 August, 1972

), wherein the peremptory directions of the Apex Court in the judgment of ITC Ltd. (supra) was considered and ordered 12 % interest, and further held that when the High Court directed the respondents to pay interest to the appellant in terms of the circular dated 08.12.2004 on the pre- deposit of the delayed refund within two months, it has to be construed that, the court meant the rate of interest which was awarded by the Supreme Court in the case of Commissioner of 6 of 8 ::: Downloaded on - 01-05-2023 21:40:23 ::: Neutral Citation No:=2023:PHHC:060513-DB CEA No.7 of 2018 (O&M) 2023:PHHC:060513-DB -7- Central Excise v. ITC Ltd, which was the rate quantified by the Supreme Court in the absence of any statutory provisions in the Act in question.
Supreme Court of India Cites 12 - Cited by 342 - M H Beg - Full Document

M/S Shreewood Products Pvt Ltd vs Commissioner Of Central Excise Gurgaon on 27 July, 2016

This aspect has been considered by this Court in Shreewood Products Pvt. Ltd.'s case (supra). In that case, application for refund was made on 22.05.2008. Part of some amount i.e. Rs.76,44,080/- was refunded in the month of January, 2009, whereas the remaining amount of Rs.88,72,686/- was refunded in the month of April, 2009. Reference was made to a circular issued by the Government of India on 02.01.2002, which provided that formal application for refund was not required. A simple letter from the person is sufficient along with copy of the order, on the basis of which, the refund became due, which can be considered by the competent authority to refund the claim. Since the application, in that case, was made on 22.05.2008, the assessee was entitled to 12% interest per annum for the period after three months till the refund was granted after passing of the 5 of 8 ::: Downloaded on - 01-05-2023 21:40:23 ::: Neutral Citation No:=2023:PHHC:060513-DB CEA No.7 of 2018 (O&M) 2023:PHHC:060513-DB -6- order by the Tribunal on 02.05.2008.
Punjab-Haryana High Court Cites 2 - Cited by 3 - Full Document
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