LUCKY EXPORTS Vs. COMMISSIONER OF CUSTOMS, BANGALORE

JUDGEMENT

(1.) BY this miscellaneous application, the appellant has made out a grievance that their pre -deposit amount has not been returned despite the Final Order has been passed in January 2003. The learned Counsel refers the C.B.E. & C. Circular No. 802/35/2004 -CX., dated 8 -12 -2004 which clearly directs the authorities to refund deposits made in terms of Section 35F of the Central Excise Act, 1944 and Section 129E of the Customs, Act, 1962 within three months from the date of the order passed by the Appellate Tribunal/Court. This is consequent to the Apex Court judgment directing the Revenue to return the amounts which are pre -deposited within three months from the date of passing the order and after expiry of three months, with interest @ 12% per annum, rendered in the case of CCE, Hyderabad v. I.T.C. Ltd. [2005 (179) E.L.T. 15 (S.C.)].

(2.) THE learned SDR files reports from the Joint Commissioner (Review) and contests that the amount cannot be returned as Reference Application has been filed before the Honble High Court of Karnataka besides other Writ Petition filed by the Revenue. Therefore they are not in a position to refund the amount.

(3.) ON a careful consideration of the submissions made by both the sides, we find that the Apex Court has clearly stated that the deposit made in terms of Section 35F of the Central Excise Act, 1944 and Section 129E of the Customs Act, 1962 are required to be refunded with an interest of 12% per annum after the expiry of three months from the date of passing the order. The Board Circular produced by the learned Counsel has also clarified that the refund of pre -deposit is to be made within 3 months from the date of Tribunals order. Therefore the deposit amount is required to be refunded with interest of 12% p.a. from the date of expiry of the order. The Revenue shall comply this order within one month. The misc. application is allowed. Call on to report compliance on 14th February 2005.