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2016 (1) TMI 1198 - CESTAT MUMBAIInterest on refund sanctioned - unjust enrichment - Held that: - Section 11BB of Central Excise Act, 1944 is unambiguously clear that non-sanction of refund within three months of filing of claim will set the ‘interest clock’ ticking. Mere pendency of any appellate / revisionary proceedings cannot justify non-sanction of such refunds. The law does not acknowledge recoveries to any such excuse or loopholes. Section 11BB is intended to ensure accountability on the part of revenue officials. To place the legally provided for interest on the backburner for any reason whatsoever would be tantamount to defying legislative intent. The tax authorities were determined not to grant the refund to the appellant. Withholding of interest will, therefore, only serve to encourage irresponsibility and non-responsiveness on the part of tax authorities - original authority is directed to release the interest due till date of payment of refund immediately on receipt of this order - appeal allowed - decided in favor of appellant.
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