D C M LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks refund of the Excise Duty amounting to Rs. 20,39,139.40 along with the interest @ 18% per annum from the date of deposit or recovery in compliance of the order of the Collec tor (Appeals), Central Excise and Customs, New Delhi dated 21.6.84 (Annx. 3).

(2.) THE Assistant Collector, Central Excise and Customs, Kota by his order dated 2.1.1980 created a demand against the petitioner holding that the Tyre Cord is classified under T.I. 68 and not under T.I. 18 and appropriate duty under the said Central Excise Tariff was ordered to be deposited. In appeal, the petitioner was successful and the view of the Assistant Collector was set aside and the Tyre Cord was classified under the Tariff Item No. 18. Under the orders of the Assistant Collector, the petitioner had paid the Excise Duty. The petitioner is now entitled to the refund of the amount of Excise Duty deposited or recovered from the petitioner for which the petitioner is held to be not liable.

(3.) IN this connection, in our opinion, it would be proper to award interest from the date of filing of the writ petition @ 12% per annum.