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1 - 10 of 25 (0.33 seconds)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.
State Of Punjab And Others vs M/S Atul Fasteners Limited on 30 April, 2007
Dee Kay Exports vs. UOI-2020 (371) ELT 200 (P & H)
Ranbaxy Laboratories Ltd. vs. UOI 2011 (273) ELT 3 (S.C)
State of Punjab vs. Atul Fasteners Ltd. - 2007 (211) ELT 519
(SC)
Afcons Infrastructure Ltd. vs. UOI - 2014 (309) ELT 40 (Del.)
Cc, Amritsar vs M/S Enkay (India) Rubber Company Ltd on 29 August, 2012
9 ST/60347/2022
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 8-12-2004
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 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.
Commissioner Of Income Tax, Gujarat vs Gujarat Flluro Chemicals on 18 September, 2013
M/190/2011/EB/C-II dated 21.01.2011
Nino Chak of Delhi HC 2020 (371) ELT 701-Delhi
CC vs. ITC Ltd. 2005 (179) ELT 15 (SC)
UOI vs. Tata SSL 2007 (218) ELT 493 (SC)
Commissioner of Income Tax, Gujarat vs. Gujarat Fluro
Chemicals 2017 (51) STR 236 (SC)
CCE & ST Rohtak vs. M/s Som Flavour Masala Pvt. Ltd. vide
Final order No. 60385/2022 dated 02.03.2020.
Union Of India vs M/S Willowood Chemicals Pvt. Ltd. on 19 April, 2022
UOI vs. Willowood Chemicals Pvt. Ltd. 2022 (60) GSTL 3 (SC.)
Kuil Fireworks Industries vs Collection Of Central Excise & Anr on 12 September, 1997
So also in Kuil Fire Works
Industries v. Collector of Central of Excise [1997 (95)
E.L.T. 3 (S.C.), the pre-deposit made by the assessee
was directed to be returned to him with 12% interest.
Madura Coats Pvt. Ltd vs Commr. Of Central Excise, Kolkata-Iv on 17 September, 2015
I
have also come across the judgment of the Calcutta
High Court in Madura Coats Pvt. Ltd. v. Commissioner of
C. Ex., Kolkata-IV [2012 (285) E.L.T. 188 (Cal.),
wherein the peremptory directions of the Apex Court in
C.C.E. Delhi-Iii vs M/S Pricol Ltd on 29 June, 2015
Further, the main thrust of the argument of
12 ST/60347/2022
the Ld. DR that in the present case the duty has been deposited
voluntarily and not under protest also does not have any force
because consistently it has been held that any amount that is
deposited during pendency of the adjudication proceedings or
investigation is in the nature of deposit made under protest as held
by the Madras High Court in the case of CCE Vs. Pricol Limited -
2015 (320) ELT 703 (Mad).
Commissioner Of Central Excise, ... vs M/S. Eveready Industries India Ltd on 10 July, 2014
CCE Vs. Eveready Industries India
Limited -2017 (357) ELT 11(All.)