Home Case Index All Cases Customs Customs + HC Customs - 2013 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (7) TMI 841 - MADRAS HIGH COURTInterest on delayed refund - Whether the respondents were liable to pay interest on delayed refund of duty erroneously collected and became refundable in pursuant to order made prior to the amendment of Section 27 from the date of deposit or from date of order by which refund became due or in terms of the amended Section 27-A or from the date of final order passed in the refund proceedings – Held that:- In the absence of any definition of expression 'relevant date' u/s 27 as it was found in the Central Excise enactment – assessee was not eligible for the interest. Whether the Tribunal was right in computing the interest payable on the amount of duty to be refunded to the assessee after expiry of three months from the date of receipt of the final order passed in appeal arising out of refund proceeding and not from the date of order passed in the Assessment proceedings by the CC(Appeals)where the assessment order was set aside and declared value was directed to be accepted and consequently the amount became refundable – Held that:- liability of the revenue to pay interest under Section 11BB of the Act commences from the date of expiry of three months from the date of receipt of application for refund under Section 11B(1) of the Act and not on the expiry of the said period from the date on which order of refund is made - following the judgement of Ranbaxy Laboratories Limited V. Union of India and others(2011 (10) TMI 16 - Supreme Court of India) – decided against the assessee.
|