Gail (India) Limited and 2 Ors. Vs Union of India and 4 Ors. (Gauhati High Court)
In the case of Gail (India) Limited and Others vs. Union of India and Others, the Gauhati High Court directed the Assistant Commissioner to release interest on a delayed excise duty refund to GAIL. The refund, amounting to Rs.4,48,92,856, was due as per Notification No.33/99-CE, but interest on the delay was initially denied. The court acknowledged previous judgments that affirmed the right to interest on delayed refunds under Section 11BB of the Central Excise Act, 1944. The High Court’s decision is contingent upon the outcome of an ongoing Supreme Court review (SLP No.16322/2018). GAIL must submit an undertaking agreeing to reimburse the interest if the Supreme Court rules in favor of the Revenue. The Assistant Commissioner is required to verify and release the interest within two months of receiving the certified copy of the order.
FULL TEXT OF THE JUDGMENT/ORDER OF GAUHATI HIGH COURT
Heard Mr. S Mitra, the learned counsel appearing on behalf of the petitioners. Also heard Mr. SC Keyal, the learned counsel appearing on behalf of the respondents.
2. Taking into account that the issue involved in the instant writ petition has already been dealt with by the learned Division Bench of this Court in various orders, this Court takes up the writ petition for disposal at the motion stage.
