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2015 (11) TMI 1159 - AT - Central ExciseDenial of interest claim - Interest on delayed refund - Scope of Section 11BB - Held that:- Appellant are entitled to the claim of interest on delayed refund of CENVAT Credit on the four applications filed between 25.07.1994 and 28.04.1995. From the table mentioned as above it seems that the interest amount against the delayed refund claims were calculated taking the date of filing of such claims as the relevant date. However, for pending refund claims as on 26.05.1995, the date of enactment of Sec.11BB, the payment of interest shall be computed in accordance with proviso to Sec. 11BB i.e from 26.08.1995 and not from the date of application of refund in view of the judgment of Hon’ble Rajastan High Court in J.K.Cement Works Case(2004 (2) TMI 78 - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR). Thus, the case is remanded to adjudicating authority only for the limited purpose of verification/computation of interest amount claimed/to be paid, as the case may be, taking the relevant date as 26.08.1995. - Appeal disposed of.
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